The Trump administration today unveiled a new program that will allow vetted U.S. companies to conduct cyber surveillance and offensive cyber operations against foreign transnational criminal organizations. A presidential memorandum signed August 12 directs the National Coordination Center to establish and manage the program, expanding the government's fight against cybercrime by tapping the technical capabilities of the private sector. It builds on a March executive order that called for greater private-sector involvement, but goes significantly further by establishing a formal operational framework for the initiative.
The White House argues that American companies possess a "critical offensive cyber advantage" whose capabilities have "historically been underutilized" in efforts to identify and disrupt criminal networks operating online. There are two broad categories of authorized activity. "Cyber Surveillance Operations" can involve secretly accessing foreign information systems without authorization to gather intelligence, including information that could later be used for offensive operations. "Cyber Effects Operations," meanwhile, can result in the "manipulation, disruption, denial, degradation, or destruction" of information systems, networks, or infrastructure.
It's worth noting that companies will not be free to launch their own operations. The memorandum requires program officials to "review every cyber operations package and provide written approval and direction" before a participating company can act. Operations that could cause death or serious injury, or "rise to the level of use of force or armed attack under international law," are classified as "Critical Outcomes" and cannot be approved through the standard process. The program includes safeguards requiring companies to halt and report operations that unintentionally affect U.S. persons or systems, as well as any imminent threats to critical infrastructure.
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