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White House authorizes private companies to launch 'hack-back' cyberattacks that destroy data and systems, targeting foreign

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President Donald Trump signed a presidential memorandum on August 12 establishing the first U.S. program that lets vetted private companies conduct offensive cyber operations, including attacks that destroy data and systems, against foreign cybercrime organizations.

Key facts

Summary

In March, Thomas Lind, then a senior adviser at the Office of the National Cyber Director, told a conference the administration had no plans to authorize private offensive operations. The memorandum authorizes two categories of activity: "Cyber Surveillance Operations," meaning unauthorized access to foreign systems to collect intelligence while staying undetected, and "Cyber Effects Operations," meaning the disruption or destruction of systems and the data on them. A foreign group qualifies as a target under the memo unless "clear intelligence exists" establishing it's institutionally part of a foreign government or wholly operated under one's direction. The memo stops short of prohibiting such operations, with approval authority for them sitting in a classified annex.

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