Private security firms will soon be allowed to hack overseas cybercriminals

The Trump administration is recruiting private security firms to conduct federal government-authorized operations, including cyberattacks, against overseas-based criminal organizations that commit hacks on US persons, organizations, or government entities.

In a National Security Presidential Memorandum issued Thursday, US President Donald Trump directed the National Coordination Center (NCC), which operates under the Homeland Security Task Force, to develop a program for conducting specific cyber operations that combat foreign transnational criminal organizations (TCOs). The Departments of Justice and Homeland Security will provide oversight. The lynchpin of that program is bringing in private sector companies to participate.

Devil will be in the still-undefined details

A fact sheet that accompanied Thursday’s memo listed ransomware, sextortion schemes, phishing campaigns, financial fraud, and impersonation scams as activities eligible for private-sector security firms to target. The memo said such firms could “conduct Cyber Surveillance Operations and Cyber Effects Operations” against “cyber-enabled” TCOs. Such groups are defined as “any foreign group that conducts cyber-enabled crime against the United States Government, a United States person, or United States interests, and that is not an institutional part of a foreign government or wholly operated under a foreign government’s direction.”

The new program is the first time the federal government will authorize private companies to conduct offensive cyber operations against overseas hackers. The memo appears to permit companies participating in the program to use spyware or launch offensive attacks intended to destroy TCO data or systems. The memo doesn’t rule out certain types of offensive attacks, such as those that use encryption to lock targets out of their networks or performing distributed denial-of-service attacks. Up until now, the government has prohibited the private sector from taking such actions without court-authorized approval.