Trump signed memo to allow use of cyber tools to target transnational criminal organizations, White House says

On August 12, U.S. President Donald Trump signed a memo aimed at empowering federal law enforcement to utilize cyber tools against transnational criminal organizations (TCOs) that operate in foreign jurisdictions targeting Americans. The White House explained that the national security presidential memorandum directs the administration to leverage private sector capabilities and innovation for conducting these cyber operations under U.S. government direction, control, and authority.

The memo cited ransomware attacks, financial frauds, and other crimes run by foreign-based criminal organizations as examples of transnational criminal organizations mentioned. It establishes a framework encouraging private sector companies to collaborate with other private entities and federal, state, local, tribal, and territorial agencies to gather threat intelligence on TCOs and propose cyber operations to counter their threats.

The Department of Homeland Security (DHS), through the Homeland Security Task Force's National Coordination Center, is tasked with creating a program to conduct specific cyber operations against foreign TCOs, overseen by DHS and the Department of Justice. Participating companies, once vetted, will conduct cyber surveillance and cyber effects operations against specified targets, with a bond or escrow of at least US$1 million required.

Despite the memo's introduction, collaboration between private sector firms and government entities in cyber operations targeting criminal and other entities is not novel and has previously raised concerns about potential escalation, unintended consequences, and inter-agency coordination issues. DHS and the White House declined to provide further details on the program.