New memorandum allows U.S. companies to carry out offensive cyber operations against transnational criminal organizations, potentially including Brazil's PCC and CV, under government oversight.
U.S. President Donald Trump signed a national security presidential memorandum on Wednesday, August 12, 2026, that paves the way for private companies to participate in cyber operations against transnational criminal organizations operating outside the United States, the Jerusalem Post reported.
According to a White House statement, the memorandum directs the administration to "leverage the capability and innovation of the private sector to assist in conducting these cyber operations under the direction, control, and authority of the U.S. Government." The program will be overseen by the National Coordination Center (NCC) within the Department of Homeland Security (DHS), with joint oversight from the Department of Justice (DOJ).
Participating companies will have to undergo a vetting process and sign agreements with the government. They will also be required to maintain a bond or escrow account of at least one million dollars, which can be seized in the event of a breach of contractual rules. Authorities have 60 days to establish detailed rules for the program's operation.
The memorandum provides for two main types of action. "Cyber surveillance operations" will allow access to systems without authorization to gather intelligence. "Cyber effects operations" may include, as the memorandum itself states, "potential manipulation, disruption, denial, degradation, or destruction of information systems, networks, physical or virtual infrastructure controlled by information systems, or information contained therein."
There are also limitations: private companies must not be granted authority for actions that could cause death or serious injury, nor for actions that could be considered a use of force or an armed attack under international law. The operation must be immediately halted if it inadvertently affects U.S. citizens or systems on U.S. territory.
As reported by Brazil's G1 Globo, the measure could potentially encompass Brazilian criminal organizations Primeiro Comando da Capital (PCC) and Comando Vermelho (CV). The U.S. government classifies both groups as transnational criminal organizations and, since June, as foreign terrorist organizations.
However, the memorandum does not name them directly. To be targeted by operations, groups must meet the definition of organizations involved in cybercrime directed against the U.S. government, citizens, or interests. Brazil's Ministry of Foreign Affairs, Itamaraty, has not yet issued an official comment on the potential implications for Brazilian groups.
DHS and the White House did not immediately respond to inquiries about additional details of the program, the Jerusalem Post reported. The idea of involving private companies in offensive cyber operations is not new and has sparked controversy in the past due to fears of escalation, unintended consequences, and interagency coordination issues.
