[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43782-43784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19838]


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DEPARTMENT OF HOMELAND SECURITY


National Protection and Programs Directorate; Notification of 
Issuance of Binding Operational Directive 17-01 and Establishment of 
Procedures for Responses

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Issuance of binding operational directive; procedures for 
responses; notice of availability.

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SUMMARY: In order to safeguard Federal information and information 
systems, DHS has issued a binding operational directive to all Federal, 
executive branch departments and agencies relating to information 
security products, solutions, and services supplied, directly or 
indirectly, by AO Kaspersky Lab or affiliated companies. The binding 
operational directive requires agencies to identify Kaspersky-branded 
products (as defined in the directive) on Federal information systems, 
provide plans to discontinue use of Kaspersky-branded products, and, at 
90 calendar days after issuance of the directive, unless directed 
otherwise by DHS in light of new information, begin to remove 
Kaspersky-branded products. DHS is also establishing procedures, which 
are detailed in this notice, to give entities whose commercial 
interests are directly impacted by this binding operational directive 
the opportunity to respond, provide additional information, and 
initiate a review by DHS.

DATES: Binding Operational Directive 17-01 was issued on September 13, 
2017. DHS must receive responses from impacted entities on or before 
November 3, 2017.

ADDRESSES: Submit electronic responses to Binding Operational Directive 
17-01, along with any additional information or evidence, to 
<a href="/cdn-cgi/l/email-protection#0644494228406363626467656d466e7728626e7528616970"><span class="__cf_email__" data-cfemail="aceee3e882eac9c9c8cecdcfc7ecc4dd82c8c4df82cbc3da">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (``DHS'' 
or ``the Department'') has the statutory responsibility, in 
consultation with the Office of Management and Budget, to administer 
the implementation of agency information security policies and 
practices for information systems, which includes assisting agencies 
and providing certain government-wide protections. 44 U.S.C. 3553(b). 
As part of that responsibility, the Department is authorized to 
``develop[ ] and oversee[ ] the implementation of binding operational 
directives to agencies to implement the policies, principles, 
standards, and guidance developed by the Director [of the Office of 
Management and Budget] and [certain] requirements of [the Federal 
Information Security Modernization Act of 2014.]'' 44 U.S.C. 
3553(b)(2). A binding operational directive (``BOD'') is ``a compulsory 
direction to an agency that (A) is for purposes of safeguarding Federal 
information and information systems from a known or reasonably 
suspected information security threat, vulnerability, or risk; [and] 
(B) [is] in accordance with policies, principles, standards, and 
guidelines issued by the Director[.]'' 44 U.S.C. 3552(b)(1). Agencies 
are required to comply with these directives. 44 U.S.C. 
3554(a)(1)(B)(ii).

Overview of BOD 17-01

    In carrying out this statutory responsibility, the Department 
issued BOD 17-01, titled ``Removal of Kaspersky-Branded Products.'' The 
text of BOD 17-01 is reproduced in the next section of this document.

[[Page 43783]]

    Binding Operational Directive 17-01 may have adverse consequences 
for the commercial interests of AO Kaspersky Lab or other entities. 
Therefore, the Department will provide entities whose commercial 
interests are directly impacted by BOD 17-01 the opportunity to respond 
to the BOD, as detailed in the Administrative Process for Responding to 
Binding Operational Directive 17-01 section of this notice, below.

Text of BOD 17-01

    Binding Operational Directive BOD-17-01
Original Issuance Date: September 13, 2017
Applies to: All Federal Executive Branch Departments and Agencies
FROM: Elaine C. Duke, Acting Secretary, Department of Homeland Security
CC: Mick Mulvaney, Director, Office of Management and Budget
SUBJECT: Removal of Kaspersky-Branded Products

    A binding operational directive is a compulsory direction to 
Federal, executive branch, departments and agencies for purposes of 
safeguarding Federal information and information systems. 44 U.S.C. 
3552(b)(1). The Department of Homeland Security (DHS) develops and 
oversees the implementation of binding operational directives pursuant 
to the Federal Information Security Modernization Act of 2014 
(``FISMA''). 44 U.S.C. 3553(b)(2). Federal agencies are required to 
comply with these DHS-developed directives. 44 U.S.C. 
3554(a)(1)(B)(ii). DHS binding operational directives do not apply to 
statutorily defined ``National Security Systems'' nor to certain 
systems operated by the Department of Defense and the Intelligence 
Community. 44 U.S.C. 3553(d)-(e).
    Background: DHS, in consultation with interagency partners, has 
determined that the risks presented by Kaspersky-branded products 
justify issuance of this Binding Operational Directive.
    Definitions:
    <bullet> ``Agencies'' means all Federal, executive branch, 
departments and agencies. This directive does not apply to statutorily 
defined ``National Security Systems'' nor to certain systems operated 
by the Department of Defense and the Intelligence Community. 44 U.S.C. 
3553(d)-(e)
    <bullet> ``Kaspersky-branded products'' means information security 
products, solutions, and services supplied, directly or indirectly, by 
AO Kaspersky Lab or any of its predecessors, successors, parents, 
subsidiaries, or affiliates, including Kaspersky Lab North America, 
Kaspersky Lab, Inc., and Kaspersky Government Security Solutions, Inc. 
(collectively, ``Kaspersky''), including those identified below.
    Kaspersky-branded products currently known to DHS are: Kaspersky 
Anti-Virus; Kaspersky Internet Security; Kaspersky Total Security; 
Kaspersky Small Office Security; Kaspersky Anti Targeted Attack; 
Kaspersky Endpoint Security; Kaspersky Cloud Security (Enterprise); 
Kaspersky Cybersecurity Services; Kaspersky Private Security Network; 
and Kaspersky Embedded Systems Security.
    This directive does not address Kaspersky code embedded in the 
products of other companies. It also does not address the following 
Kaspersky services: Kaspersky Threat Intelligence and Kaspersky 
Security Training.
    <bullet> ``Federal information system'' means an information system 
used or operated by an agency or by a contractor of an agency or by 
another organization on behalf of an agency.
    Required Actions: All agencies are required to:
    1. Within 30 calendar days after issuance of this directive, 
identify the use or presence of Kaspersky-branded products on all 
Federal information systems and provide to DHS a report that includes:
    a. A list of Kaspersky-branded products found on agency information 
systems. If agencies do not find the use or presence of Kaspersky-
branded products on their Federal information systems, inform DHS that 
no Kaspersky-branded products were found.
    b. The number of endpoints impacts by each product, and
    c. The methodologies employed to identify the use or presence of 
the products.
    2. Within 60 calendar days after issuance of this directive, 
develop and provide to DHS a detailed plan of action to remove and 
discontinue present and future use of all Kaspersky-branded products 
beginning 90 calendar days after issuance of this directive. Agency 
plans must address the following elements in the attached template \1\ 
at a minimum:
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    \1\ The template for agency plans has not been reproduced in the 
Federal Register, but is available (in electronic format) from DHS 
upon request.
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    a. Agency name.
    b. Point of contact information, including name, telephone number, 
and email address.
    c. List of identified products.
    d. Number of endpoints impacted.
    e. Methodologies employed to identify the use or presence of the 
products.
    f. List of Agencies (components) impacted within Department.
    g. Mission function of impacted endpoints and/or systems.
    h. All contracts, service-level agreements, or other agreements 
your agency has entered into with Kaspersky.
    i. Timeline to remove identified products.
    j. If applicable, FISMA performance requirements or security 
controls that product removal would impact, including but not limited 
to data loss/leakage prevention, network access control, mobile device 
management, sandboxing/detonation chamber, Web site reputation 
filtering/web content filtering, hardware and software whitelisting, 
vulnerability and patch management, anti-malware, anti-exploit, spam 
filtering, data encryption, or other capabilities.
    k. If applicable, chosen or proposed replacement products/
capabilities.
    l. If applicable, timeline for implementing replacement products/
capabilities.
    m. Foreseeable challenges not otherwise addressed in this plan.
    n. Associated costs related to licenses, maintenance, and 
replacement (please coordinate with agency Chief Financial Officers).
    3. At 90 calendar days after issuance of this directive, and unless 
directed otherwise by DHS based on new information, begin to implement 
the agency plan of action and provide a status report to DHS on the 
progress of that implementation every 30 calendar days thereafter until 
full removal and discontinuance of use is achieved.
    DHS Actions:
    <bullet> DHS will rely on agency self-reporting and independent 
validation measures for tracking and verifying progress.
    <bullet> DHS will provide additional guidance through the Federal 
Cybersecurity Coordination, Assessment, and Response Protocol (the C-
CAR Protocol) following the issuance of this directive.
    Potential Budgetary Implications: DHS understands that compliance 
with this BOD could result in budgetary implications. Agency Chief 
Information Officers (CIOs) and procurement officers should coordinate 
with the agency Chief Financial Officer (CFO), as appropriate.
    DHS Point of Contact: Binding Operational Directive Team.\2\
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    \2\ The email address to be used by Federal agencies to contact 
the DHS Binding Operational Directive Team has not been reproduced 
in the Federal Register.

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[[Page 43784]]

    Attachment: BOD 17-01 Plan of Action Template.\3\
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    \3\ The template for agency plans has not been reproduced in the 
Federal Register, but is available (in electronic format) from DHS 
upon request.
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Administrative Process for Responding to Binding Operational Directive 
17-01

    The Department will provide entities whose commercial interests are 
directly impacted by BOD 17-01 the opportunity to respond to the BOD, 
as detailed below:
    <bullet> The Department has notified Kaspersky about BOD 17-01 and 
outlined the Department's concerns that led to the decision to issue 
this BOD. This correspondence with Kaspersky is available (in 
electronic format) to other parties whose commercial interests are 
directly impacted by BOD-17-01, upon request. Requests must be directed 
to <a href="/cdn-cgi/l/email-protection#70323f345e361515141211131b3018015e1418035e171f06"><span class="__cf_email__" data-cfemail="aae8e5ee84eccfcfcec8cbc9c1eac2db84cec2d984cdc5dc">[email protected]</span></a>.
    <bullet> If it wishes to initiate a review by DHS, by November 3, 
2017, Kaspersky, and any other entity that claims its commercial 
interests will be directly impacted by the BOD, must provide the 
Department with a written response and any additional information or 
evidence supporting the response, to explain the adverse consequences, 
address the Department's concerns, or mitigate those concerns.
    <bullet> The Department's Assistant Secretary for Cybersecurity and 
Communications, or another official designated by the Secretary of 
Homeland Security (``the Secretary''), will review the materials 
relevant to the issues raised by the entity, and will issue a 
recommendation to the Secretary regarding the matter. The Secretary's 
decision will be communicated to the entity in writing by December 13, 
2017.
    <bullet> The Secretary reserves the right to extend the timelines 
identified above.

Elaine C. Duke,
Secretary of Homeland Security (Acting), Department of Homeland 
Security.
[FR Doc. 2017-19838 Filed 9-18-17; 8:45 am]
 BILLING CODE 9910-9P-P


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