Trump Order Lets Private Firms Hack Overseas Criminal Groups in Historic Shift

The Trump administration is enlisting private companies to conduct cyberattacks on foreign cybercriminals in a major policy shift — for the first time allowing vetted private firms to launch offensive cyber operations, including surveillance and disruption of networks, against overseas criminal groups, according to a National Security Presidential Memorandum issued August 13, first reported by Bloomberg and covered by CNN, TechCrunch and Ars Technica.

Privateers Under Oversight

The program, developed by the National Coordination Center under the Homeland Security Task Force, targets foreign transnational criminal organizations responsible for ransomware, sextortion, phishing campaigns, financial fraud and impersonation scams against Americans. Participating companies must pass vetting by the Departments of Justice and Homeland Security, deposit $1 million in escrow that is forfeited for non-compliance, and have every operation approved by DOJ and DHS representatives. Operations may not result in loss of life or rise to the level of use of force under international law, and procedures must prevent targeting Americans or U.S.-based systems. The departments will issue detailed guidance within the next 60 days.

Legal and Diplomatic Risk

The policy marks a seismic shift from the U.S. government's long-standing position that the private sector may defend against attacks but not launch them, and it is likely to face legal challenges. Columbia University's Jason Healey warns participants operate at substantial personal legal risk, while Hunter Strategy's Jake Williams notes Americans involved could be classified as non-uniformed combatants while traveling overseas, and Huntress' Ben Bernstein cautions that attacks routed through compromised innocent infrastructure could cause collateral damage.