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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.
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Cops Search Thousands of Flock Cameras for Reasons of ‘LMAO,’ ‘IDK,’ ‘Hehe,’ and ‘asdfg’
EFF analysis found police searched Flock's 19,000-camera ALPR network using joke reasons like 'LMAO' and 'idk,' exposing routine warrantless surveillance abuse.
An EFF analysis of Flock audit logs, shared with 404 Media, found officers across dozens of jurisdictions searching over 19,000 cameras in 1,558 cities with justifications like 'LMAO,' 'idk,' and keyboard gibberish between 2023 and late 2025. One Lake County, Indiana sheriff's deputy searched for a license plate across the entire network citing 'LMAO.' After outlets exposed searches targeting ICE detainees, an abortion patient, and protesters, officers were reportedly told to be 'as vague as permissible,' and Flock replaced the free-text reason box with a prepopulated drop-down list, which EFF called a loss for transparency. Departments rarely disciplined offending officers, and EFF concluded agencies cannot oversee themselves.
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Srsly Risky Biz: Trump's Private Hacker Memo Is the Right Idea
A Trump presidential memo directs DHS to authorize vetted private-sector hackers to conduct cyber operations against foreign cybercriminal groups (CE-TCOs).
A presidential memorandum directs the Department of Homeland Security to establish a program authorizing private companies to conduct cyber surveillance and cyber effects operations against Cyber-Enabled Transnational Crime Organisations (CE-TCOs). Participating companies must pass vetting, obtain government approval before operations, and post a USD $1 million bond. The accompanying fact sheet cites more than USD $20.8 billion in US losses to cyber-enabled crime in 2025. Critics worry about accidental escalation if operations touch foreign government systems.
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