US Presidential Memo Authorizes Selected Private Companies to Join Federal Cyber Operations Against Foreign Criminal Groups

The United States government has established a formal program allowing vetted private-sector companies to participate in offensive cyber operations targeting foreign criminal organizations. Signed by President Donald Trump on August 12, 2026, the presidential memorandum places the initiative under the National Coordination Center with joint oversight from the Department of Justice and the Department of Homeland Security. Participating firms will operate exclusively under government contracts, direction, and supervision, with strict requirements including technical evaluations, financial guarantees of at least one million dollars, and pre-approval for every operation. The program focuses on disrupting ransomware, phishing, financial fraud, and other schemes affecting American citizens while imposing clear limits to prevent unintended harm to US persons or escalation to prohibited levels of force. In contrast to Brazil’s ongoing policy discussions, the US move formally recognizes that advanced offensive capabilities now reside primarily in the private sector and creates a regulated mechanism to access them. Operational rules must be published within 60 days, marking a significant shift in how governments integrate private expertise into state-directed cyber actions.

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The United States government has launched a new program that permits carefully selected private companies to take part in cyber operations against foreign criminal organizations. The presidential memorandum authorizing the initiative was signed by Donald Trump on 12 August 2026.

The program will be managed by the National Coordination Center and jointly directed by the Department of Justice and the Department of Homeland Security. Private firms may only participate through formal contracts and will remain under continuous federal direction, control, and supervision.

Authorized activities include network surveillance of criminal groups as well as operations designed to manipulate, interrupt, degrade, or disable digital systems used by transnational organizations. Primary targets encompass infrastructure linked to ransomware, phishing campaigns, financial fraud, and other scams directed at US citizens.

Selection and Contractual Requirements

Companies seeking to join the program must undergo rigorous assessments covering technical capability, operational history, physical security, and personnel reliability. Contracts may require a financial guarantee or deposit of at least US$1 million, which can be forfeited in the event of rule violations. Every individual operation requires written authorization before execution.

Safeguards and Prohibited Outcomes

The memorandum mandates procedures to prevent accidental impact on US citizens, businesses, or systems. Any such incident must trigger immediate cessation of the action and prompt notification to authorities. Activities carrying a risk of death, serious injury, or reaching the threshold of use of force under international law are classified as critical outcomes and cannot be approved by the program’s co-directors.

Final operational guidelines are required within 60 days. The decision represents a notable evolution in government policy by formally acknowledging that leading offensive cyber expertise now resides in the private sector and by establishing a structured channel to leverage that expertise under state oversight.

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