- President Trump’s memo authorizes private companies to fight foreign cybercrime
- Cyber operations will run under joint Justice Department and DHS oversight
- The 2026 Homeland Security Summit will examine AI, cyber defense and more
President Donald Trump has signed a national security presidential memorandum, or NSPM, directing the National Coordination Center to establish a program that will authorize vetted U.S. companies to conduct cyber surveillance and cyber effects operations against foreign transnational criminal organizations, or TCOs, that target American citizens, businesses and critical infrastructure.
As the federal government expands its use of private-sector partnerships to counter cyber-enabled criminal threats, government and industry leaders will gather at the Potomac Officers Club’s 2026 Homeland Security Summit on Nov. 10 to discuss artificial intelligence, cyber defense, investigative intelligence, edge capabilities and more. Book your spot now!
The White House said Wednesday the memorandum is designed to incorporate the capabilities of the American private sector into the federal government’s efforts to counter cyber-enabled crime, building on the president’s broader cybercrime agenda.
What Will the New Cyber Operations Program Do?
- Once established, the program will permit participating companies to conduct cyber surveillance operations and cyber effects operations against foreign cyber-enabled TCOs, under the direction and oversight of the U.S. government
- Two program executive directors — one to be designated by the attorney general and one by the secretary of the Department of Homeland Security — will need to coordinate before approving any cyber operation carried out under the program
- The directors will be barred from approving operations expected to produce critical outcomes, defined as actions likely to cause loss of life, serious injury, or conduct that rises to the level of use of force or armed attack under international law
- Participating companies will be permitted to enter commercial agreements with private entities and with federal, state, local, tribal and territorial agencies to gather threat information and propose responsive cyber operations to the coordination center
What Guidance Will Shape the Program’s Operating Procedures?
The memo directs the program executive directors to work with the Homeland Security Council to finalize consensus operating procedures within 60 days. Those procedures are expected to address:
- Eligibility standards covering technical proficiency, facility security, personnel vetting and reliability, structured to accommodate both large and smaller, more specialized firms
- Disclosure requirements obligating participating companies to report all outside contractual relationships tied to the program
- A bond or escrow requirement of at least $1 million, which companies risk forfeiting if they fall out of compliance with their government contract
- Interagency deconfliction across federal law enforcement, the State Department, the Department of the Treasury, the Department of War, the Justice Department and the intelligence community
- Reporting and review requirements, including annual evaluations of each participating company and mandatory written approval from the program executive directors before any operation may proceed
How Does the Memorandum Build on Prior Cybersecurity Actions?
The latest directive follows a series of White House actions aimed at strengthening the country’s cybersecurity posture. In June, President Trump signed a memo directing the reestablishment of the Committee on National Security Systems as part of a broader push to strengthen the cybersecurity of the nation’s national security systems.
That effort followed an executive order Trump signed in March aimed at countering cybercrime, fraud and predatory schemes targeting American families, businesses and critical infrastructure.
