White House sets framework for government-supervised private cyber operations

President Trump’s Aug. 12 national security memorandum directs the departments of Justice and Homeland Security to create a program allowing vetted private U.S. companies to conduct cyber surveillance and disruption operations against foreign criminal groups involved in cyber-enabled crimes against U.S. interests.

The program would operate under federal control, with Homeland Security’s National Coordination Center managing it and leaders from Justice and Homeland Security overseeing its operations. The memorandum defines targets broadly and presumes they are not connected to a foreign government unless intelligence establishes such a link.

The administration’s implementation plan is due within 60 days of the memorandum. Companies that participate will face questions involving anti-hacking and surveillance laws, government oversight, defense contracting and auditing requirements.

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