White House Unveils Program to Authorize Private-Sector Cyber Surveillance and Disruption Operations, Lawfare 

Partner Aaron Cooper and Associate Philip Chertoff authored an article for Lawfare analyzing the August 12 presidential memorandum directing the Departments of Justice (DOJ) and Homeland Security, as part of a new program, to vet and authorize private US companies to conduct cyber surveillance and disruption operations against foreign cyber-enabled criminal organizations. 

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Aaron and Philip explain that the framework supports more traditional defense contracting for cyber offensive operations, rather than private sector “hack back,” with every operation requiring federal supervision and written approval. They note the program relies on an untested reading of the Computer Fraud and Abuse Act’s law enforcement exemption and leaves unresolved questions on state and foreign law exposure, tort liability, insurance, and indemnification, which organizations will want to resolve before participating. Jenner continues to track implementation of the new program. 

Aaron, a former DOJ cybercrime prosecutor, is Co-Chair of Jenner’s Critical and Emerging Technologies and Data Privacy and Cybersecurity practices. Philip is a member of the firm’s Critical and Emerging Technologies and National Security and Crisis practices, advising clients at the intersection of emerging technologies and national security. 

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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.

White House Unveils Program to Authorize Private-Sector Cyber Surveillance and Disruption Operations, Lawfare 

Partner Aaron Cooper and Associate Philip Chertoff authored an article for Lawfare analyzing the August 12 presidential memorandum directing the Departments of Justice (DOJ) and Homeland Security, as part of a new program, to vet and authorize private US companies to conduct cyber surveillance and disruption operations against foreign cyber-enabled criminal organizations. 

Read More

Aaron and Philip explain that the framework supports more traditional defense contracting for cyber offensive operations, rather than private sector “hack back,” with every operation requiring federal supervision and written approval. They note the program relies on an untested reading of the Computer Fraud and Abuse Act’s law enforcement exemption and leaves unresolved questions on state and foreign law exposure, tort liability, insurance, and indemnification, which organizations will want to resolve before participating. Jenner continues to track implementation of the new program. 

Aaron, a former DOJ cybercrime prosecutor, is Co-Chair of Jenner’s Critical and Emerging Technologies and Data Privacy and Cybersecurity practices. Philip is a member of the firm’s Critical and Emerging Technologies and National Security and Crisis practices, advising clients at the intersection of emerging technologies and national security. 

Related Locations

© 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.

News and Insights

Event

Partner Terri Mascherin to Speak at Illinois State Bar Association Seminar on Negotiation Ethics

On November 11, Partner Terri Mascherin will join a faculty panel for the Illinois State Bar Association (ISBA) continuing legal education (CLE) seminar “Negotiation Ethics: Winning Without Selling Your Soul.”

November 11, 2026

Recognition

Partner Katie Wynbrandt Named a 2026 Rising Star by The National Law Journal 

Partner Katie Wynbrandt has been named a 2026 DC Rising Star in the appellate category by The National Law Journal at its DC Legal Awards.

October 26, 2026

Recognition

Partner Adam Unikowsky Named 2026 Appellate Attorney of the Year by The National Law Journal

Partner Adam Unikowsky has been named Appellate Attorney of the Year at The National Law Journal’s 2026 DC Legal Awards.  

 

October 23, 2026

Publications

EPA’s Power Plant Rule Adds to a Predictably Volatile Landscape, Bloomberg Law

Partner Amanda Shafer Berman and Meghan Greenfield authored an article for Bloomberg Law on the Environmental Protection Agency’s recent repeal of most Biden-era greenhouse gas standards for power plants and the litigation that followed.

October 21, 2026

Recognition

Lawdragon Names Eight Jenner & Block Partners to 2027 500 Leading Dealmakers in America List

Lawdragon has named eight Jenner & Block partners to its 2027 500 Leading Dealmakers in America guide, which recognizes the lawyers behind the most significant transactions in the United States. The honorees practice in Chicago, Los Angeles, and New York across M&A, corporate, securities, private equity, and finance.

October 19, 2026

Event

Jenner & Block Partner Suedeen Kelly Speaks at ABA Environment, Energy, and Resources Fall Conference

On October 15, Partner Suedeen Kelly spoke on a panel at the American Bar Association (ABA) Section of Environment, Energy, and Resources 34th Fall Conference in Albuquerque, New Mexico.

October 15, 2026