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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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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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First ‘Take It Down Act’ Sentencing Puts Man Behind Bars for 15 Years
Ohio man James Strahler gets the first US Take It Down Act sentence: 15 years for distributing real and AI-generated abuse imagery.
James Strahler, 38, became the first person convicted under the Take It Down Act, receiving a 15-year federal prison sentence after investigators found more than 3,000 real and AI-generated abuse images across his devices, including over 700 he posted online. He pleaded guilty to cyberstalking, producing obscene visual representations of child sexual abuse, and publication of digital forgeries after victims received threats, extortion demands, and AI-fabricated explicit images; the FBI took over the case in June. The federal law, which took effect in May, criminalizes knowingly publishing or threatening to publish nonconsensual intimate imagery, and free-speech advocates have criticized its 48-hour platform removal window as a censorship risk.
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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.
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White House authorizes private US companies to hack foreign criminal networks
Trump memorandum authorizes vetted private US companies to conduct government-supervised offensive cyber operations against foreign criminal networks.
The National Security Presidential Memorandum signed August 12 lets vetted private companies run offensive cyber operations against transnational criminal organizations behind ransomware, phishing and sextortion, under US government oversight. The Homeland Security Task Force's National Coordination Center, led by DOJ and DHS executive directors, must give written approval for both Cyber Surveillance Operations and Cyber Effects Operations. Participating companies must post a $1 million bond or escrow, undergo annual review, and notify authorities if they unintentionally target US persons or systems.
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