US Cybercrime Memorandum Raises Jurisdiction and Telemetry Concerns for European Organizations

Summary

A White House memorandum creates a government-approved program for vetted US companies to conduct cyber surveillance and disruption operations against criminal groups abroad. The article examines potential risks for non-US organizations.

Key points

• The August 12, 2026 memorandum establishes a program in which vetted private US companies can propose cyber surveillance or effects operations against criminal groups abroad, subject to written government approval.
• The article says companies may enter agreements to provide threat information collected in ordinary business activities, potentially creating a channel for security telemetry to inform operations.
• The memorandum's specific safeguards focus on US persons and systems; the author argues non-US organizations have fewer procedural protections and no enforceable rights under the program.
• The article warns that operations against criminal infrastructure could affect legitimate systems used or controlled by European organizations.
• Operating procedures were due within 60 days, with further details expected in October 2026.
• The author recommends asking security vendors where telemetry is held, which legal systems govern them and their subprocessors, and whether contracts permit onward sharing.

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