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ARTICLE · 26 AUGUST 2026

White House Launches Program For Private Sector Cyber Operations

A&O Shearman
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The Trump administration has launched an unprecedented program allowing vetted private cybersecurity companies to conduct offensive cyber operations against foreign criminal organizations under government supervision. This initiative raises complex questions about liability, artificial intelligence risks, and the legal boundaries of private-sector involvement in activities traditionally reserved for law enforcement and intelligence agencies.

United StatesGovernment, Public Sector
Andrew Tannenbaum
Andrew Tannenbaum
Anna Rudawski
Anna Rudawski
Kirk Lancaster
Kirk Lancaster
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The new program, administered by the Department of Justice (DOJ) and the Department of Homeland Security (DHS), represents an unprecedented expansion of private-sector participation in U.S. government offensive cyber operations, raising novel questions concerning civil and criminal liability, AI risk, government contracting, and operations in foreign jurisdictions. 

On August 12, 2026, President Trump issued a National Security Presidential Memorandum (NSPM) on “Expanding Capabilities to Combat Transnational Cyber-Enabled Crime,” establishing a federal program (the Program) under which vetted U.S. companies (Participating Companies) may, on behalf of and under the supervision of the federal government, conduct intelligence-gathering and offensive cyber operations against foreign cyber-enabled transnational criminal organizations (CE-TCOs). 

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