Is It Time for Cyber-Privateers? A US Politician Says ‘Aye, Matey!’
A Republican lawmaker is advocating for the revival of Letters of Marque to combat cybercriminals, an idea that echoes a proposal from an Australian academic.
The romanticized notion of privateers during the Age of Sail, when naval skirmishes and piratical pursuits were commonplace, presented a unique breed of adventurers.
These individuals, while often deemed pirates, earned their legitimacy through government endorsement to raid enemy vessels.
This concept, seemingly relics of a distant past, is experiencing a resurgence in discussion. Congressman David Schweikert believes the time is ripe to reinstate the issuance of Letters of Marque, extending opportunities to enterprising individuals willing to engage in offensive operations in cyberspace, representing their nation’s interests.
However, this proposition is not directed at the traditional high seas. Rather, Congressman Schweikert envisions empowering digital privateers to sail the uncharted waters of the internet.
“Criminal syndicates, often linked to foreign governments, are exploiting the vulnerabilities of American citizens, pilfering intellectual property, and jeopardizing our national security,” Schweikert asserted while introducing the Cybercrime Marque and Reprisal Authorization Act of 2025.
“The current mechanisms to combat these threats are proving inadequate. This legislation aims to enable us to confront these offenders effectively, ensuring accountability and vindication within the digital realm by invoking a constitutional framework that once safeguarded our maritime security.”
Schweikert posits that Congress retains the constitutional authority to issue Letters of Marque, as delineated in Article I, Section 8. Historically, such letters were utilized during significant conflicts, including the French and Indian War and the American Revolution.
Furthermore, Schweikert references a noteworthy incident from World War II. “The Articles of Confederation conferred this power to Congress, a provision perpetuated in the Constitution,” he emphasized.
“Although the federal government has refrained from issuing such letters since the War of 1812, a peculiar instance arose during World War II when a Goodyear blimp was engaged for anti-submarine patrols off the Californian coast. Americans require safeguarding against digital assailants who exploit outdated regulations and masquerade in foreign jurisdictions,” Schweikert continued.
“This initiative leverages innovation alongside constitutional authority to tackle the contemporary dilemma of cybercrime.”
Interestingly, Schweikert’s proposal mirrors a concept advanced by Australian defense scholar Professor Dan Svantesson in 2024.
In a treatise titled Crowdsourcing an Australian Cyber Intelligence and Information Militia, Professor Svantesson contended that Australia necessitates a “cyber militia” dedicated to defense-related undertakings in cyberspace, officially recognized by the Commonwealth, yet operating independently of Australia’s standard military and national security framework.
As financially motivated criminals and state-sponsored hackers continue to infiltrate both private and public sector networks, the era of the digital privateer may well be upon us once again.
Source link: Cybersecurityconnect.com.au.
