Trump authorises US tech firms to launch cyberattacks on foreign criminal gangs

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President Donald Trump is paving a legal pathway for U.S. companies to launch cyberattacks on foreign cybercriminal gangs — a significant and potentially controversial measure that would put approved tech and cybersecurity firms on the front lines of digital combat.

The presidential memorandum , released late Wednesday, comes as the Trump administration has repeatedly pushed for more aggressive action to counter foreign scams and cyberattacks, which the White House said cost Americans nearly $21 billion last year.

The memo represents one of the biggest shifts in U.S. cyber policy undertaken in recent years. It would empower tech and security companies — whose data and control over internet infrastructure often offer unique insight into foreign hacking operations — to mount state-sanctioned digital strikes.

While many such companies already work closely with U.S. intelligence and law enforcement agencies, a web of legal and political constraints has long prevented them from taking direct action inside foreign networks.

Companies that want to participate would be required to sign contracts with both the Department of Justice and the Department of Homeland Security and to undergo what the memo describes as “rigorous vetting” while working with the government. The overall effort would be overseen by a National Coordination Center, established in an earlier Trump administration executive order , with co-executive directors from DOJ and DHS.

However, the memo states that no operations by the companies would be approved until the executive directors at DOJ and DHS establish “consensus procedures” with the White House Homeland Security Council guaranteeing “complete oversight and control of Participating Companies’ performance.”

Those procedures, it notes, should be drafted within 60 days. They are likely to be extensive.

They will outline steps for participating companies to obtain approval for proposed offensive hacking operations, so the government can confirm that the targets are criminal gangs and ensure that operations are consistent with U.S. law and don’t undermine ongoing U.S. intelligence efforts. Companies could propose surveillance operations to help identify criminals or “effects” operations to degrade the systems they use to stage their attacks.

Participating companies would have to pass minimum standards for technical expertise and personnel vetting, and would be required to notify the federal government if they believe approved operations may result in the loss of life or rise to the level of use of force under international law.

Some see the memo as a critical step to help the U.S. government counter foreign cybercriminal gangs that operate outside the reach of U.S. law enforcement.

“For years we’ve called the American technology industry a strategic asset but left it on the cyber sidelines,” Joe Lin, the CEO and co-founder of Twenty, a start-up that builds offensive cyber tools for the U.S. government, said in a statement. “This administration is changing the paradigm.”

The memo notes that companies will only be authorized to target criminals that are “not an institutional part of a foreign government or wholly operated under a foreign government’s direction.”

Even with the help of the U.S. intelligence community, making that distinction could be difficult.

Adversaries such as Russia, China and Iran have persistently targeted U.S. critical infrastructure , including water systems, ports, and telecommunications infrastructure, while multinational crime syndicates have defrauded billions of dollars annually from Americans via complex online schemes.

But many cyber gangs in Eastern Europe are thought to operate with the tacit consent of the Russian government, while state hackers in Iran and China sometimes moonlight as cybercriminals to earn extra money or deflect blame for their governments’ attacks.

More broadly, it is not always easy for digital investigators to determine who is responsible for a given cyberattack, or who different computer networks belong to — another risk the memo contemplates.

Companies that accidentally carry out operations targeting a U.S. citizen or network will be required to immediately pause the operation and notify the U.S. government, the memo states. It does not appear to preclude activities that are deliberately “directed” at a U.S. person, so long as they receive “any necessary authorization, judicial or otherwise, prior to approval of the operation.” Under U.S. law, a “U.S. person” can refer to an American business or organization.

Many lawmakers and security experts have broadly supported calls for the private sector to play a larger role in responding to cybercrime, though not all approve of granting them the ability to launch active hacking efforts.

In recent years, some House members have debated the idea of issuing “letters of marque” to private companies to carry out cyberattacks on behalf of the U.S. government, similar to the U.S. Navy authorizing private ships to disrupt British shipping during the War of 1812.

As part of a more assertive cyber posture, Trump has turned to U.S. Cyber Command to mount digital attacks in tandem with U.S. military operations, including in Iran and Venezuela . He signed an executive order this March to clamp down on countries that fail to take action against scam centers operating within their borders.

That same month, the White House called on the private sector to broadly help it “disrupt” foreign adversaries in its new national cyber strategy, though it stopped short of telling private companies to take riskier and more consequential steps, such as directly launching attacks against foreign criminals.

Some of the most prolific online fraud operations are believed to emanate from scam compounds in Southeast Asia . But hackers from North Korea — who for years have stolen hundreds of millions in cryptocurrency from victims around the world — would likely be exempt from targeting by U.S. companies since they work at the direction of the North Korean government.