
Why the White House's Hack-Back Memo Leaves North Korea Off the List
Background: The Shift to Hack-Back Measures
Chris Perkins and Ari Redbord discuss the new US strategy allowing the private sector to take offensive cyber actions against criminals. The idea originated from an op-ed and was presented at a White House crypto summit in March 2025.
Policy Development
- After the summit, the idea was presented to the Treasury Department and law enforcement.
- An executive order in March 2025 directed agencies to consider offensive cyber measures.
- In August 2025, the White House authorized private contractors to act against cybercriminals.
- Implementation is based on the Computer Fraud and Abuse Act, not, as the authors proposed, on Article 1, Section 8 of the US Constitution.
Key Restrictions
- Contractors are not allowed to target state actors such as North Korea.
- Every action requires approval from the Justice Department and Treasury Department.
- Allowed actions target private criminal organizations, e.g., cartels, ransomware groups, and pig butchering fraud networks.
Reasons for the Restriction
- Targeting states could be seen as an act of war and raise international law issues.
- The White House is taking a cautious, incremental approach to minimize risks.
Focus on Criminal Organizations
- Particularly affected are transnational criminal networks that steal hundreds of billions of dollars annually.
- The measures could help weaken drug cartels and disrupt criminal financial flows.
- Experts debate whether the rules might later be extended to state-sponsored groups like the Lazarus Group.
Outlook
The US government is currently testing the effectiveness of these new authorities. Extending them to state actors would be a possible next step but remains excluded for now.






