Trump Authorizes Private Firms for Offensive Cyber Operations

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President Donald Trump signed a memorandum on Wednesday, directing his administration to employ the private sector in the nation’s escalating cyber offensive against foreign threats. The national security presidential memorandum tasks the Homeland Security Task Force’s National Coordination Center with creating a program to enlist companies for cyber surveillance operations and cyber effects operations against foreign cyber-enabled transnational criminal organizations. To participate, private companies will enter contractual agreements with the Department of Justice or the Department of Homeland Security. The policy change marks a shift in the US government’s long-standing position under federal computer hacking laws, which broadly prohibit private companies from conducting cyberattacks without court-authorized approval. The memorandum allows participating companies to conduct surveillance, like using spyware to collect intelligence, and disruptive attacks aimed at destroying criminals’ data or systems. The cyber operations would need advance approval from DOJ and DHS officials and will not sanction any operation resulting in loss of life or rising to the level of use of force under international law. The memorandum builds on an executive order from March that ordered federal agencies to take a more robust stance against cybercrime. A White House fact sheet stated American consumers reported $20.8 billion in cyber-related losses last year. Ransomware attacks, financial fraud, and sextortion schemes are listed as areas of focus. The government will issue guidance in the next two months outlining requirements for participating companies.

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