Trump signs national security memo opening offensive hacking operations to private firms
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President Donald Trump signed a national security memorandum Wednesday that authorizes private companies to carry out offensive hacking operations against transnational criminal organizations under federal oversight. The White House said participating companies will be vetted, will sign contracts with the Justice Department or the Department of Homeland Security, and will comply with existing laws, including the Computer Fraud and Abuse Act.
Private-Sector Authorization Program
The memorandum directs a federal coordination center to create, manage, and maintain a program authorizing participating companies to conduct cyber surveillance operations and cyber effects operations against foreign cyber-enabled transnational criminal organizations under federal government control and oversight. Participating companies must sign contracts with the Justice Department or the Department of Homeland Security and undergo rigorous vetting. They may also sign commercial agreements with other private sector entities to receive threat information, while agreements with federal, state and local governments would focus on identifying threats and proposing cyber operations to the coordination center. The White House cited sustained fraud and other cyber-enabled campaigns as justification and said the memo expands a March fraud-focused executive order.
Legal Guardrails and Oversight
Signed on Wednesday, the memorandum requires the program to adhere to existing laws, including the Computer Fraud and Abuse Act, the main federal anti-hacking statute that prior proposals to open private sector participation in hacking operations would have amended. It mandates oversight to evaluate companies' technical proficiency, ensures both small and large companies can participate, and requires regular reporting to federal officials.
Split Reaction in Cyber Circles
Conservative circles have sought authorization for 'letters of marque' for private-sector cyber firms, comparable to early-U.S. sea privateers, while industry groups have condemned 'hack back' proposals as dangerous precedent. Former U.S. Cyber Command official Jason Kitka called the memorandum 'a perpetual motion machine for billable threats.' Former top White House cyber official Josh Steinman, co-founder of Galvanick, cheered the development.
What's Next
The federal coordination center is now expected to issue contracting and vetting rules for participating companies, though no timeline has been announced. It remains unclear whether the role given to private firms in offensive operations will trigger legal challenges or pushback from lawmakers who opposed 'hack back' legislation.
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Trump signs national security memo opening offensive hacking operations to private firms
