Joint Economic Committee Chair Introduces Cybercrime Bill
Commentary by Steven Lofchie
Joint Economic Committee Chair David Schweikert introduced a bill in the House to authorize the use of "letters of marque" to target foreign cybercriminals and transnational hacker networks.
Letters of marque are an early constitutional tool that authorized private parties to act on behalf of the nation in response to foreign aggression.
The "Scam Farms Marque and Reprisal Authorization Act of 2025" would empower the President to issue letters of marque that allow private individuals or entities to take direct action against cybercriminal organizations and foreign governments responsible for attacks on the United States. Under the legislation, commissioned parties could operate outside of U.S. borders to seize persons or property tied to cybercrimes, provided they comply with conditions set by the President and post security bonds to ensure accountability.
To establish the scope of this authority, the bill defines "cybercrime" broadly to include offenses such as hacking, ransomware, identity theft, cryptocurrency theft, large-scale online fraud schemes, and "pig butchering" investment scams. The legislation also clarifies that criminal enterprises may extend beyond private actors to include foreign governments.
In a statement on the bill, the Digital Chamber ("TDC") said the proposal reflects a recommendation from its report, Blockchain and National Security: A Strategic Imperative, which called for a "neo-privateering" program to deputize vetted private actors to track, freeze, and recover stolen assets for a bounty—a concept that underpins the bill’s cyber letter of marque framework. TDC warned that cybercrime is a growing national security threat and praised the measure as a modern tool to disrupt foreign hacker networks, recover assets, and bolster U.S. digital leadership.
Commentary
Here is the Wikipedia article on a "Letter of Marque and Reprisal," a term that sounds even cooler than just a plain old "Letter of Marque." Like many things that seem totally crazy, this probably is not so crazy. According to Wikipedia, the use of the Letters arose in a time when "the ocean was lawless," a description that may not be wholly inapt as applied to criminal enterprise on the internet. Further, it is commonly reported that many cybercrime operations act with at least the tacit support of hostile foreign governments. It is not inconceivable that private techno-entrepreneurs might do a better job of waging war on such criminal operations than can a US government agency.
Plus, it would make for any number of movies and tv shows,