Trump wants to grant private cyber firms a license to hack back

President Donald Trump recently authorized government agencies to enlist private cybersecurity firms to combat transnational cybercriminal organizations. In a memo released on Wednesday, Trump outlined a strategy to utilize these firms for cyber surveillance and disruption of enemy networks. The term "Cyber Effects Operations" refers to the manipulation, disruption, denial, degradation, or destruction of information systems, networks, or infrastructure.

While the memo distinguishes between cyber effects operations and surveillance missions, it acknowledges that surveillance can sometimes involve disruption or manipulation to remain undetected. Trump defined cyber-enabled transnational criminal organizations as foreign groups that commit cyber-enabled crimes against the United States government, its people, or interests, excluding entities directly associated with or wholly operated by foreign governments.

Participating companies must undergo rigorous vetting and strict operational procedures within 60 days, with periodic evaluations. The Justice Department will oversee operations, particularly those targeting US residents or raising domestic legal concerns. Companies are prohibited from executing operations that could lead to critical outcomes, such as loss of life or serious injury, and must maintain a bond or escrow of at least $1 million.

While many legal experts question the feasibility of implementing such a program, the memo suggests that participating companies may be shielded from liability under the US Computer Fraud and Abuse Act (CFAA) if they act under government contracts and direction.