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USCYBERCOM and NSC Authorization of Private-Sector Offensive Cyber Operations

The U.S. government has shifted from passive defense to an active "hack back" strategy via a National Security Presidential Memorandum (August 12, 2026) and a March 2026 Executive Order. This policy authorizes vetted private-sector firms to execute offensive cyber surveillance and effects operations against transnational criminal organizations. Technical capabilities include unauthorized system access and the deliberate interference with or destruction of digital infrastructure. Operations are managed through the National Coordination Center with DOJ and DHS oversight, though they are strictly prohibited from causing loss of life or escalating to an "armed attack" under international law.


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