Trump memo lets vetted US firms run offensive cyber operations abroad
President Donald Trump signed a national security presidential memorandum Wednesday authorizing vetted private companies to carry out hacking operations against foreign criminal groups.
The memorandum, “Expanding Capabilities to Combat Transnational Cyber-Enabled Crime,” tells the Homeland Security Task Force’s National Coordination Center to build the program. Executive directors from the Justice Department and Homeland Security will run it. Approved firms may conduct what the document calls cyber surveillance operations. They may also run cyber effects operations, which the memo defines as disrupting or destroying a target’s systems.
Companies do not get blanket authority. Each has to sign a contract with Justice or Homeland Security. Screening covers technical proficiency, facility security and personnel background. Written sign-off is required before any operation runs. A firm that breaches its terms forfeits a bond of at least $1 million. Program directors have 60 days to publish the operating procedures, including the adjudicatory framework for picking targets.
Operations likely to kill or seriously injure people are barred. So is anything that rises to a use of force under international law. A firm that exceeds its approved parameters has to stop at once. The same applies if it hits a U.S. person or system by mistake. The Computer Fraud and Abuse Act still applies.
