Trump Admin Cyber Strategy Centers Private Sector in Offensive Cyber Operations, Lawfare
The Trump administration's new National Cybersecurity Strategy signals a major shift in federal policy, one that could put private companies in the driver’s seat for offensive cyber operations against nation-state actors, ransomware groups, and cybercriminals. In Lawfare, Partners Aaron Cooper and Shoba Pillay and Associate Philip Chertoff examine the strategy's proposal to enlist the private sector in "disrupting adversary networks" and the substantial legal and compliance risks companies will need to navigate.
The legal landscape remains largely prohibitive. No federal framework currently authorizes private companies to conduct offensive cyber operations, and the Computer Fraud and Abuse Act, along with a patchwork of state and foreign hacking laws, broadly criminalizes exactly the conduct strategy envisions. Until Congress acts, the gap between the administration's policy aspirations and legal reality creates real exposure for companies in technology, defense, critical infrastructure, and cybersecurity.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
The Trump administration's new National Cybersecurity Strategy signals a major shift in federal policy, one that could put private companies in the driver’s seat for offensive cyber operations against nation-state actors, ransomware groups, and cybercriminals. In Lawfare, Partners Aaron Cooper and Shoba Pillay and Associate Philip Chertoff examine the strategy's proposal to enlist the private sector in "disrupting adversary networks" and the substantial legal and compliance risks companies will need to navigate.
The legal landscape remains largely prohibitive. No federal framework currently authorizes private companies to conduct offensive cyber operations, and the Computer Fraud and Abuse Act, along with a patchwork of state and foreign hacking laws, broadly criminalizes exactly the conduct strategy envisions. Until Congress acts, the gap between the administration's policy aspirations and legal reality creates real exposure for companies in technology, defense, critical infrastructure, and cybersecurity.
Related Attorneys
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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