WASHINGTON, June 20 (Reuters) - The Biden administration
on Thursday announced plans to bar the sale of antivirus
software made by Russia's Kaspersky Lab in the United States,
citing the firm's large U.S. customers, including critical
infrastructure providers and state and local governments.
Moscow's influence over the company was found to pose a
significant risk, Commerce Secretary Gina Raimondo said on a
briefing call with reporters on Thursday. The software's
privileged access to a computer's systems could allow it to
steal sensitive information from American computers or install
malware and withhold critical updates, enhancing the threat, a
source added.
"Russia has shown it has the capacity and... the intent
to exploit Russian companies like Kaspersky to collect and
weaponize the personal information of Americans and that is why
we are compelled to take the action that we are taking today,"
Raimondo said on the call.
Kaspersky Lab and the Russian Embassy did not respond to
requests for comment. Previously, Kaspersky has said that it is
a privately managed company with no ties to the Russian
government.
The sweeping new rule, using broad powers created by the
Trump administration, will be coupled with another move to add
three units of the company to a trade restriction list, Raimondo
said, dealing a blow to the firm's reputation that could hammer
its overseas sales.
The plan to add the cybersecurity company to the entity
list, which effectively bars a company's U.S. suppliers from
selling to it, and the timing and details of the software sales
prohibition were first reported by Reuters.
The moves show the Biden administration is trying to stamp
out any risks of Russian cyberattacks stemming from Kaspersky
software and keep squeezing Moscow as its war effort in Ukraine
has regained momentum and as the United States has run low on
fresh sanctions it can impose on Russia.
It also shows the administration is harnessing a powerful
new authority that allows it to ban or restrict transactions
between U.S. firms and internet, telecom and tech companies from
"foreign adversary" nations like Russia and China.
The tools are largely untested.
Former President Donald Trump used them to try to bar
Americans from using Chinese social media platforms TikTok and
WeChat, but federal courts halted the moves.
The new restrictions on inbound sales of Kaspersky software,
which will also bar downloads of software updates, resales and
licensing of the product, kick in on Sept. 29, 100 days after
publication, to give businesses time to find alternatives. New
U.S. business for Kaspersky will be blocked 30 days after the
restrictions are announced.
Sales of white-labeled products - that integrate Kaspersky
into software sold under a different brand name - will also be
barred, the source said, adding that the Commerce Department
will notify companies before taking enforcement action against
them.
The Commerce Department will also entity list two Russian
and one UK-based unit of Kaspersky for allegedly cooperating
with Russian military intelligence to support Moscow's cyber
intelligence goals.
Kaspersky's Russian business is already subject to sweeping
U.S. export restrictions over Moscow's invasion of Ukraine. But
its UK-based unit will now be effectively barred from receiving
goods from American suppliers.
GROWING PRESSURE
Kaspersky has long been in regulators' crosshairs. In 2017,
the Department of Homeland Security banned its flagship
antivirus product from federal networks, alleging ties to
Russian intelligence and noting Russian law lets intelligence
agencies compel assistance from Kaspersky and intercept
communications using Russian networks.
Media reports at the time alleged Kaspersky Lab was involved
in taking hacking tools from a National Security Agency employee
that ended up in the hands of the Russian government. Kaspersky
responded by saying it had stumbled upon the code but said no
third parties saw it.
Pressure on the company's U.S. business grew after Moscow's
move against Kyiv. The U.S. government privately warned some
American companies the day after Russia invaded Ukraine in
February 2022 that Moscow could manipulate software designed by
Kaspersky to cause harm, Reuters reported.
The war also prompted the Commerce Department to ramp up a
national security probe into the software, first reported by
Reuters, that resulted in Thursday's action.
The delayed unveiling of the prohibition is due in part to a
"significant back and forth" with Kaspersky, which proposed
mitigating measures instead of an outright ban, the source said.
However, the agency concluded that the threats, especially
the ties to the Russian government, meant "there really were no
mitigating measures that could be implemented to address those
risks."
Under the new rules, sellers and resellers who violate the
restrictions will face fines from the Commerce Department, the
source added. If someone willfully violates the prohibition, the
Justice Department can bring a criminal case. Software users
will not face legal penalties but will be strongly encouraged to
stop using it.
Kaspersky, which has a British holding company and
operations in Massachusetts, said in a corporate profile that it
generated revenue of $752 million in 2022 from more than 220,000
corporate clients in some 200 countries. Its website lists
Italian vehicle maker Piaggio, Volkswagen's
retail division in Spain and the Qatar Olympic Committee among
its customers.