President Donald Trump has signed an executive memorandum authorizing private U.S. companies to launch offensive cyberattacks and conduct foreign surveillance against transnational criminal organizations targeting American citizens, according to reporting by The Washington Post. The directive creates a framework for private firms to partner with the federal government to disrupt digital threats originating abroad.
The policy marks a distinct shift in how the United States approaches digital security, mobilizing the private sector to act as cyber privateers against foreign threat actors. According to details reported by The New York Times, the directive gives a green light for U.S. businesses to aim hacks at criminal gangs and syndicates that operate outside American borders.
According to CNN, the order allows private entities to strike overseas groups under specific, regulated conditions, establishing what industry observers describe as a digital mercenary model for national security.
The program targets Transnational Criminal Organizations responsible for financial and operational losses within the United States. According to reporting by TechRadar, U.S. victims of cyber scams and fraud lost around $20,000 per person, contributing to a total of $138.9 billion in losses across 6.7 million victims in the last year.
How the Cyber Privateer Program Operates
Under the new framework, qualified U.S. corporations will be permitted to disrupt and destroy both physical and virtual information systems belonging to foreign criminal groups. According to TechRadar, participating firms must maintain a bond or escrow of at least $1 million to join the program, which is forfeit if the company enters non‑compliance with its contractual agreement.
Companies that discover imminent threats against critical national infrastructure are required to notify the National Coordination Center. Participating firms will then draft detailed cyber operations packages for review and approval by designated Program Executive Directors. These packages outline planned surveillance and offensive maneuvers directed exclusively at foreign entities.
The memorandum requires that all authorized activities remain subject to the strict operational control, oversight, and legal authority of the United States government. Furthermore, strict parameters have been established to prevent domestic fallout. If a private firm accidentally or intentionally targets U.S. citizens or U.S. information systems at home and abroad, it must immediately halt operations, execute minimization procedures, and notify federal coordinators.
Balancing Innovation and Federal Oversight
While major technology giants will provide critical capacity, agile smaller businesses are often better suited for specialized, discrete tasks in cyberspace. According to Cybersecurity Dive, the initiative leverages private sector innovation to supplement traditional government cybersecurity resources.

The rules mandate rigorous vetting under federal guidelines, ensuring that no operation gains approval unless it strictly complies with established operating procedures overseen by Washington.
The memorandum emphasizes that American businesses possess technological capabilities that have historically remained underutilized in the fight against transnational crime. By blending private sector speed with federal legal authorities, the administration aims to establish an early warning network against foreign intrusions.
Next Steps for Implementation
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