Trump Administration Authorizes Private Companies to Conduct Offensive Cyber Operations

The White House issued a national security memorandum, signed late Wednesday, that authorizes select American companies to work with the Justice Department and the Department of Homeland Security to launch cyberattacks against foreign criminal hacker groups. The program is intended to enable surveillance of illicit networks and to disrupt, manipulate, or destroy targeted information systems, including those supporting virtual and physical infrastructure.

New York Times

Historically, U.S. cybersecurity policy—under both Republican and Democratic administrations—has emphasized defensive measures for corporations while reserving offensive cyber actions for the military and intelligence agencies. The current memorandum marks a departure from that long-standing approach, expanding the role of the private sector in offensive cyber activities for the first time in a publicly endorsed presidential directive.

New York Times

They contend that the operations will be “based on intelligence” and will be limited to actions that do not cause loss of life, serious injury, or rise to the level of an armed attack under international law. The administration stresses that participating firms must obtain written approval from Justice and Homeland Security officials before any strike.

New York Times

Companies wishing to join the program must first be vetted and sign a contract that imposes a $1 million fine for any violation of the memorandum’s terms. The policy explicitly bars attacks that could lead to loss of life, serious injury, or constitute a use of force under international law. Participation remains optional, and the White House has not disclosed which firms, if any, have enrolled.

New York Times