AI-written summary synthesised from 2 independent reports, listed below. No human editor reviewed this. AI can misread or omit facts — read the originals.
ABSTRACT

US President Donald Trump signed a memorandum on August 12 directing the departments of Justice and Homeland Security to permit certain US companies to spy on and attack transnational criminal organisations operating abroad, according to The Straits Times, which cited an AFP report.

The Jerusalem Post

Trump signs memo authorising private companies to hack foreign cybercriminal groups

Trump signs memo authorising private companies to hack foreign cybercriminal groups
Aug 15, 2026, 9:39 PM

US President Donald Trump signed a memorandum on August 12 directing the departments of Justice and Homeland Security to permit certain US companies to spy on and attack transnational criminal organisations operating abroad, according to The Straits Times, which cited an AFP report.

Context

The White House justified the measure by pointing to damage caused by ransomware, 'sextortion', and online fraud, which it said cost Americans more than US$20 billion in 2025, according to The Straits Times.

Under the memorandum, private partners may be authorised to take down hackers' servers or infiltrate their machines with spyware. Each operation would require prior government approval, and participating companies must post a bond of at least US$1 million, according to The Straits Times.

Actions that could cause death or injury are excluded, as is anything that would meet the threshold of 'use of force' under international law, according to The Straits Times.

The effort has been compared to 18th-century maritime privateering, when governments authorised private ships or sailors to raid enemy vessels, according to The Straits Times.

The program represents a reversal of an earlier stated position. According to The Straits Times, a senior US official indicated in March that the administration was 'not interested in fighting pirates with pirates', and National Cyber Director Sean Cairncross had previously ruled out using the private sector for such efforts. The Straits Times reported that it is unclear what prompted the change in approach within five months.

The Trump administration has 60 days to finalise the program's details, with some aspects set to remain classified, according to The Straits Times.

Microsoft declined to comment on the program, and Google did not respond to a request for comment, according to The Straits Times.

All Perspectives
Ari Redbord, TRM Labs (supportive): Redbord, a former federal prosecutor and head of policy and government affairs at analytics firm TRM Labs, embraced the approach, stating that 'the private sector holds the data, the public sector holds the authorities,' and that the memorandum 'puts them together.' He drew a favourable contrast with historical privateering, arguing that 'oversight that used to end at the dock now runs alongside the operation from start to finish' in the modern era.
Alan Woodward, University of Surrey (sceptical): Woodward cautioned that 'you can hand out a commission, you can't hand out obedience,' and invoked the historical record of privateering, noting that 'history's verdict on privateering wasn't that it was immoral — it was that it became more trouble than it was worth.' He also warned that any company participating in government-sanctioned hacking 'stops being a neutral defender and becomes a target' itself, and cited potential long-term costs such as 'a slow accumulation of misattributed targets, foreign prosecutions and diplomatic headaches.'
Jason Healey, Columbia University (cautiously supportive with reservations): Healey, a Columbia University researcher and former cybersecurity official under President George W. Bush, said the program has 'some guardrails' and that backing it 'by the rule of law' means it is 'not something crazy.' However, he expressed concern that the administration had 'systemically weakened those organisations that might provide oversight, like the Office of the Director of National Intelligence.'
Position not represented in the source reporting: National Cyber Director Sean Cairncross — previously quoted as ruling out the private-sector approach but not quoted responding to the reversal; The Justice Department and Department of Homeland Security — directed by the memo but not quoted or described as responding.
Gaps & Unknowns
  • What specifically prompted the White House to reverse its earlier stated position against using private companies for offensive cyber operations within a five-month period.
  • Which companies, if any, have indicated willingness to participate in the program.
  • The full classified details of the program, which will not be made public.
  • The positions of the Justice Department and Department of Homeland Security on implementation.
  • Whether Congress has been consulted or intends to provide any legislative oversight.
  • How 'transnational criminal organisations' will be defined and targeted under the program.
Sources & Further Reading
  1. The Jerusalem Post — original — by JERUSALEM POST STAFF
  2. The Straits Times — by The Straits Times

Read the original at The Jerusalem Post

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