Trump Authorizes Cyber Operations Against Transnational Criminal Organizations

Former U.S. President Donald Trump signed a national security memorandum on Wednesday, according to the White House, empowering federal law enforcement agencies to deploy cyber capabilities against transnational criminal organizations based in areas beyond U.S. legal jurisdiction and engaged in attacks targeting Americans.

Scope and Oversight of Authorized Cyber Activities

The memorandum directs the Trump administration to leverage private-sector tools and innovations to support these cyber operations, all conducted under the supervision, guidance, and authority of the U.S. government. It establishes a formal framework encouraging qualified private companies to enter into agreements with other private entities as well as with federal, state, and local government agencies to gather intelligence on threats linked to transnational criminal organizations and to propose cyber operations aimed at countering those threats.

Under the memorandum, eligible private firms are authorized to carry out “electronic surveillance operations” and “electronic effects operations” against specific targets, subject to federal government oversight. The document defines “electronic effects” as actions that may involve manipulating, disrupting, denying, degrading, destroying, or otherwise impairing information systems, networks, or physical or virtual infrastructure controlled by those systems—or the data stored on them.

Context and Precedent

The concept of involving private-sector companies in cyber operations against criminal targets is not new. Previous proposals along similar lines have drawn debate over potential unintended consequences and interagency coordination challenges.

The White House statement cited ransomware attacks, financial fraud schemes, and other crimes carried out by foreign-based criminal groups described in the memorandum as “transnational criminal organizations.”