Representative David Schweikert (R-AZ) is introducing legislation reviving letters of marque issued by Congress to crack down on foreign cybercriminals.
Letters of marque are historically associated with privateering, in which the government issues a license to privately-owned vessels, allowing them to attack and plunder ships belonging to adversarial nations, with seized assets subject to prize laws.
The practice declined by the 19th century and was effectively banned in the Paris Declaration Respecting Maritime Law in 1856. While the United States was not a signatory, it has abided by the ban.
Article I of the Constitution retains the right of Congress to issue letters of marque, despite not issuing one since the War of 1812.
Rep. Schweikert's Cybercrime Marque and Reprisal Authorization Act of 2025 revives the concept for the digital age, allowing the executive branch to deputize licensed cyber operators to pursue foreign cybercriminal enterprises targeting American citizens and infrastructure.
Additionally, these cyber-privateers would be authorized to recover stolen assets, prevent future attacks, and defend critical infrastructure, all while operating under federal oversight.
"Criminal syndicates backed by foreign governments are using cyberspace to prey on American seniors, steal intellectual property, and undermine national security," Rep. Schweikert said in his press release, adding, "Our current tools are failing to keep pace. This legislation allows us to effectively engage these criminals and bring accountability and restitution to the digital battlefield by leveraging the same constitutional mechanism that once helped secure our nation's maritime interests. Americans deserve protection from digital predators who exploit outdated laws and hide in foreign jurisdictions. This proposal harnesses innovation and constitutional authority to respond to the modern crisis of cybercrime."
The Arizona Congressman's bill comes as cyberattacks perpetrated by state-linked actors have been a growing concern, most recently igniting a political firestorm between State Representative Alexander Kolodin (R-3) and Arizona Secretary of State Adrian Fontes after an Iranian attack targeted the state's candidate portal system.
