Trump Memo Opens Door to Vetted Private Firms in Offensive Cyber Operations
Summary
A Trump memorandum lays the groundwork for vetted private firms to support federally overseen cyber operations against foreign transnational criminal organizations, subject to existing laws including the Computer Fraud and Abuse Act.
Key points
- The memorandum establishes a federally overseen program for vetted companies to support law enforcement cyber surveillance and cyber effects operations against foreign cyber-enabled transnational criminal organizations.
- Participating companies would contract through the Justice Department or Department of Homeland Security and undergo rigorous vetting.
- Companies could receive threat information from other private entities and propose operations to a federal coordination center.
- The program must comply with existing laws, including the Computer Fraud and Abuse Act, and requires oversight and regular reporting.
- Supporters describe the program as expanding the response to cyber-enabled crime; critics warn that private-sector offensive operations could create risks.
Article Details
- Event Type
- U.S. national security memorandum establishing a federally overseen program for vetted private companies to support law enforcement cyber surveillance and cyber effects operations against foreign cyber-enabled transnational criminal organizations.
- Impact
- The memorandum expands potential private-sector participation in offensive cyber operations while requiring federal oversight, company vetting, contracting through the Department of Justice or Department of Homeland Security, and compliance with existing laws including the Computer Fraud and Abuse Act. Supporters welcomed the policy shift; critics raised concerns about granting private companies too much leeway and the possibility of wider disorder in cyberspace.
People
Chris WysopalA cybersecurity pioneer and Veracode co-founder who called the memorandum a significant shift in U.S. cyber policy, while noting it did not go as far as other “hack back” proposals.Donald TrumpSigned the national security memorandum establishing the program.Jason KitkaA former Cyber Command official who criticized elements of the memorandum, describing it as “a perpetual motion machine for billable threats.”Josh SteinmanA former top White House cyber official during Trump’s first term and Galvanick co-founder who supported the memorandum.