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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 OnlineSep 16, 09:00 UTC · 1d agoPolicy & legal

Risky Bulletin: Dutch intel services to get extensive new powers

Netherlands proposed a bill granting AIVD and MIVD expanded warrantless tapping, faster hacking powers, and forced data disclosure, citing Russia, China, and Iran threats.

The Dutch government introduced a bill greatly expanding surveillance powers of intelligence agencies AIVD and MIVD, allowing up to one year of tapping without pre-approval and simplified hacking operations against 'foreign adversaries'. Agencies could compel Dutch companies or citizens to provide data under threat of charges, share data with the private sector, and oversight bodies would merge into a new CTT board. The bill follows similar overhauls in Ireland, Germany, and France after Russia's invasion of Ukraine. The newsletter also reports Moonwell hacked for $8.7M, a Cosmos EVM bug exploited for ~$3M, ShinyHunters listing McKesson with claimed hundreds of millions of records, and a pro-Kremlin DDoS claim against Norway's government network.

Risky Business NewsAug 31, 03:25 UTC · 17d agoPolicy & legal