It is quite simple really. If the NSA chose, it can force any AV vendor, using various legal means, to include backdoor/surveillance access to any licenses sold to consumers on US soil. How such a thing is enforced is problematic, but similar measures have been written into law elsewhere in the world - especially in Germany.
The point is not NSA access to Kasperky's internal systems, but access to the individual user's system(s).
AV vendors can be forced to do it simply by a filtering user's top domain level access or any of a whole slew of different ways...many more than of which I am aware.
Nico@FMA would know much better on the subject, so I defer to him if he enters the discussion.
In the end, the software vendor may decide it is not worth all the trouble and not market the product in that particular nation. However, in the case I cite we all know people would download/purchase from the net anyways by using VPNs and specifying exit nodes. Where there is a will...there definitely is a way where IT is concerned.
From a enforcement standpoint such measures aren't very practical.
Despite this fact as governmental paranoia continues to increase, with the consequent increase in IT surveillance, it will become more and more common... perhaps until internet privacy is written completely out of the books in the name of national security.
George Orwell here we come...
