Crypto Lawyers Say Trump’s Hack-Back Memo Is Not a Green Light for Cyber Vigilantes

A White House memorandum signed by Donald Trump on Aug. 12 could let vetted private U.S. firms take part in government-supervised cyber operations against foreign criminal hacking groups, but two crypto lawyers said the document is far more constrained than early reactions suggested. On the Aug. 18 episode of DEX in the City, Jane Khodarkovsky and Jacob Robinson said the program would require approvals, bonds or escrow of at least $1 million, and continuing oversight by the government. The memo excludes foreign state hackers and groups acting at a government’s direction, and it does not repeal the Computer Fraud and Abuse Act. Robinson compared the framework to a modern digital version of privateering and said the industry needs a legal path to respond faster when protocols are drained. Brooks warned that the real test will be the details, including whether the government has enough technical staff to supervise the program and how much authority the participating companies will actually have. Operating procedures are due within 60 days, a status report within 180 days, and a classified annex on information sharing could prove just as important as the public text.