United States authorizes private firms to conduct offensive cyber operations

President Donald Trump has signed a memorandum authorizing U.S. cybersecurity companies to conduct offensive cyber operations against transnational criminal networks under government direction. The program, managed by the National Coordination Center, distinguishes between cyber surveillance for intelligence and cyber effect operations, which include the disruption, denial, degradation, or destruction of criminal infrastructure.

To participate, companies must receive written government authorization before any action is taken and are required to post a bond of at least $1 million. The initiative aims to combat the massive economic impact of cybercrime, including ransomware and fraud, which reportedly cost Americans $20.8 billion in 2025. The memorandum explicitly excludes operations targeting foreign government entities or those directed by foreign states, unless clear intelligence suggests otherwise.

Legal experts have raised questions regarding whether exemptions from the Computer Fraud and Abuse Act apply to private firms acting under government contract. Additionally, the program prohibits any action that could cause physical injury or death, or that would meet the threshold of the ‘use of force’ under international law. While proponents view the move as a way to unite private sector innovation with public sector authority, some critics warn of the potential for uncontrolled escalation.