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You don’t have to join the hack-back program to inherit its risk

A new US presidential memorandum creates a vetted private hack-back program, leaving participating vendors and their customers with untested legal liability and collateral risks.

The August 12 National Security Presidential Memorandum directs the National Coordination Center, run jointly by DOJ and DHS, to approve covert surveillance and disruptive Cyber Effects Operations by vetted private companies, with a forfeitable bond of at least $1 million required as a contract condition. The analysis argues the criminal shield rests on an untested reading of the CFAA exemption at 18 U.S.C. 1030(f), with no civil safe harbor, no state-law preemption and no foreign-law protection. Non-participating organizations can still inherit risk through shared infrastructure collateral damage, lack of customer disclosure, Lloyd's bulletin Y5381 state-backed attack exclusions, and threat-intelligence pipelines feeding offensive proposals.

CSO Online · 1d agoPolicy & legal

Severity Is Not a Strategy: What CISA BOD 26-04 Means for the Future of Federal Software Security

CISA's BOD 26-04 replaces severity-based federal patching with risk-based remediation deadlines of 3, 14, or 60 days.

CISA's Binding Operational Directive 26-04, released June 10, 2026, replaces BOD 19-02 and BOD 22-01 for Federal Civilian Executive Branch agencies and shifts remediation prioritization from CVSS scores to risk context. Agencies assess four factors: public exposure, KEV listing, exploit automatability, and whether exploitation grants partial or total asset control, resulting in 3-, 14-, or 60-day remediation windows or next-upgrade fixes. In CISA's first review at a large civilian agency, only 1% of vulnerabilities required three-day remediation while over 60% could wait for future system upgrades. The directive also requires forensic analysis when exploitation is suspected, and Checkmarx argues the same risk-based logic must extend upstream into software development and SBOM-driven exposure management.

Checkmarx · 7d agoPolicy & legal

UK government seeks powers to secretly block risky tech suppliers

UK amendments to the Cyber Security and Resilience Bill would let ministers secretly ban risky tech suppliers across critical sectors.

The UK government published amendments to the Cyber Security and Resilience Bill creating 'vendor-related directions' that allow ministers to order companies in critical sectors to stop buying from a supplier, restrict its products, or remove installed equipment on national security grounds. The powers extend beyond telecoms to managed service providers, data centers, digital infrastructure and the energy, water, transport and health sectors, adapting the mechanism used to restrict Huawei in UK 5G while removing some transparency safeguards. Ministers would not have to publicly name the vendor, could withhold details on national security or commercial grounds, and could bar recipients and consultees from discussing the orders, though the government would report annually to Parliament on directions issued. The amendments will be considered at committee stage in the House of Lords in September.

The Record · 22d agoPolicy & legal

US Authorizes Private Cyber Firms to Hack Transnational Criminal Networks

Trump signed a national security memorandum letting vetted private US cybersecurity firms run government-approved offensive cyber operations against transnational criminal organizations.

The August 13 memorandum creates a program managed by the National Coordination Center covering Cyber Surveillance Operations and Cyber Effects Operations against Cyber-Enabled Transnational Criminal Organizations, explicitly excluding entities that are parts of foreign governments. DOJ and DHS executive directors must co-approve every operation in writing, with extra authorization for operations raising laws-of-armed-conflict questions. Participating firms must pass vetting, annual evaluations and hold a $1 million bond or escrow. Operating procedures are due within 60 days, and the unresolved CFAA exemption question is addressed by requiring direct government control.

Security Affairs · Aug 14, 2026Policy & legal

Risky Bulletin: White House lets private companies carry out offensive cyber ops

A White House memo directs DHS to create a program letting vetted private companies conduct US-government-directed offensive cyber operations against cybercrime.

A presidential memo tasks the DHS National Coordination Center with building a program, under DOJ and DHS oversight, through which private-sector companies can conduct offensive cyber operations against large-scale cybercrime organizations. Requirements include secure facilities, vetted personnel, a $1 million escrow for damages, and written approvals co-signed by DHS and DOJ executive directors. The program must launch within 60 days, around October 11, expanding a March executive order targeting scam compounds, ransomware, and other large-scale cybercrime.

Risky Business News · Aug 14, 2026Policy & legal

Trump Memo Paves Way for U.S. Firms to Hack and Disrupt Foreign Crime Groups

Trump White House memo directs NCC to build a program within 60 days authorizing vetted U.S. companies to conduct cyber surveillance and effects operations against foreign criminal groups.

A new White House memorandum instructs the National Coordination Center to establish, within 60 days, a program letting vetted private-sector companies, under federal oversight, conduct cyber surveillance operations (accessing sensitive data without authorization) and cyber effects operations (disruption, degradation, or destruction) against foreign Transnational Criminal Organizations. Targets are groups conducting cyber-enabled crime against U.S. government, persons, or interests that are not institutionally part of a foreign government. Companies must stop operations exceeding approved parameters, run minimization procedures, and alert the NCC, which notifies the Department of Justice. The fact sheet cites an estimated $20.8 billion in reported U.S. consumer losses to cyber-enabled crimes, and experts note legal and security risks since existing laws prohibit private companies from offensive cyber without court authorization.

The Hacker News · Aug 15, 2026Policy & legal