US Representative David Schweikert has put forth a groundbreaking piece of legislation that could change the landscape of fighting cybercrime on a global scale. The bill, known as House Resolution (H.R. 4988), proposes the use of “letters of marque and reprisal,” a legal instrument with historical roots in maritime warfare.
This concept, rarely utilized in modern times, would empower the President to authorize private individuals or companies to take action against crypto criminals operating outside of US borders. Similar to privateers in the past who were granted the authority to attack and seize enemy ships during wartime, these modern-day private actors would have the ability to recover stolen assets or disrupt cybercriminal operations that pose a threat to US interests.
Under Schweikert’s proposal, these individuals or companies would be tasked with using “all means reasonably necessary” to carry out their missions, including seizing assets or detaining foreign actors involved in state-sponsored cybercrime networks. To ensure accountability and compliance with directives, a security bond would be required for any letter issued under the legislation.
Schweikert emphasized the need for innovative solutions to combat the evolving tactics of cyber criminals, stating that current tools are falling behind. By leveraging the constitutional mechanism of “letters of marque and reprisal,” the US could effectively engage with these criminals and bring about accountability and restitution in the digital realm, much like how it secured maritime interests in the past.
The proposed legislation is currently being reviewed by the House Committee on Foreign Affairs and would need to pass through both chambers before it can be signed into law by the President. If enacted, it would establish a new framework for US involvement in addressing cross-border crypto crime.
The potential impact of H.R. 4988 becoming law is significant. It would mark a shift from passive intelligence-gathering to active deployment of private actors in cybercrime interventions. This shift comes at a time when high-profile crypto hacks, orchestrated by state-sponsored groups like North Korea’s Lazarus Group, have caused significant financial losses and raised concerns about the security of digital assets.
Schweikert highlighted the urgent need for protection against digital predators who exploit loopholes in outdated laws and operate from foreign jurisdictions. By harnessing innovation and constitutional authority, this proposal aims to address the modern crisis of cybercrime and provide a more proactive approach to protecting Americans and their digital assets.
In a year marked by a surge in cyber attacks on major crypto platforms, the introduction of H.R. 4988 signals a potential turning point in the fight against cybercrime. By empowering private actors to act on behalf of the US government in targeting cyber criminals, this legislation could pave the way for a more assertive and effective response to the growing threats in the digital realm.