Trump authorises private firms to conduct offensive cyber operations
A new presidential memorandum allows vetted US private companies to carry out cyber surveillance and offensive operations against foreign transnational criminal organisations under federal oversight.
US President Donald Trump has signed a presidential memorandum establishing a programme that would allow vetted private companies to participate in cyber operations targeting foreign transnational criminal organisations.
The memorandum directs the National Coordination Center to develop a programme covering two types of activities. Cyber surveillance operations may involve covert access to foreign computer systems to collect intelligence, while cyber effects operations could be used to manipulate, disrupt, deny, degrade or destroy information systems and infrastructure.
Private companies will operate under federal direction and control rather than independently. Proposed operations must be reviewed and approved by designated officials from the Departments of Justice and Homeland Security before they can proceed.
The programme includes restrictions on operations that could result in death or serious injury or rise to the level of a use of force or armed attack under international law. Companies must also stop operations and notify authorities if they inadvertently target US persons or systems under US control.
Participating firms will be subject to technical, security and personnel requirements and may be required to maintain financial guarantees for contractual non-compliance. The initiative expands private-sector involvement beyond intelligence sharing and defensive cybersecurity activities, formally creating a framework for companies to conduct government-authorised cyber operations against foreign criminal networks.
