U.S. Opens Door to Private-Sector Offensive Cyber Operations Against Foreign Criminals
The Trump administration has launched a first-of-its-kind program permitting private companies to conduct offensive cyber operations against foreign criminal networks, according to a presidential memorandum released this week.
Under the new framework, approved firms will operate under the direction and oversight of the Department of Justice and Department of Homeland Security. To participate, companies must meet rigorous requirements including demonstrated technical proficiency, proven performance in cyber operations, and adequate facility security measures.
The policy marks a decisive break from long-standing U.S. cybersecurity doctrine that prohibited private entities from engaging in offensive operations against overseas targets. Previously, only government agencies were authorized to conduct such activities, leaving businesses limited to defensive measures when targeted by foreign hackers.
The authorized firms will be permitted to surveil and disrupt criminal infrastructure, though the specific rules of engagement and legal protections for participating companies remain subject to ongoing regulatory development.
Critics have raised concerns about escalation risks and the potential for collateral damage when private actors engage in cross-border cyber operations. Proponents argue the approach will increase pressure on foreign criminal enterprises, particularly ransomware groups and state-affiliated threat actors, by enabling faster response capabilities than traditional law enforcement channels typically allow.