Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

Executive Summary

• What’s new: On August 12, 2026, President Trump issued a National Security Presidential Memorandum establishing a program under which vetted U.S. companies may conduct government-authorized surveillance and disruption operations against identified foreign cyber-enabled transnational criminal organizations. 
• Why it matters: The memorandum could significantly expand the private sector’s potential role in offensive cyber activity. It requires vetted companies to enter into contractual agreements with the Departments of Justice or Homeland Security under which they may conduct network intrusions, data collection, disruption and degradation operations against foreign criminal targets under federal direction and control. It also permits vetted companies to establish commercial relationships with private sector entities to receive threat information and propose cyber operations for government approval — potentially offering victims of cyberattacks a novel avenue for