Posted on 07/30/2021 5:17:16 AM PDT by Chad C. Mulligan
My friend suggested an imaginative use of letters of marque and reprisal, as authorized by the Constitution. These were the basis of privateering, perhaps the ultimate in privatization. The government would authorize the captain of a civilian vessel to seize enemy shipping, and sell it for his own profit. The letters ensured that if he was captured, he would be treated as a POW rather than as a pirate. A factor in ending the War of 1812 was that, while the US Navy was far too small to have an impact, American privateers (far outnumbering the Royal Navy) were inflicting great pain upon British merchant shipping.
The idea could be implemented along these lines: the US announces that unless a given country stops the cyber-raiding, the US will proclaim that the country is fair game for all American hackers and crackers. Do whatever you want, with no worries about prosecution. If you get any economic benefit, it's yours. If you find any secrets, sell them (we get dibs on military and statecraft secrets, but you sell them to anyone else, too).
(Excerpt) Read more at armsandthelaw.com ...
Slow roll to Red Hot ?
Interesting idea. Worth looking at.
The Russians and the Chinese hack on US assets every day. I get probably 5-15 reports of serious activity about this daily.
Great ideas, but I think the government should issue actual Letters of Marque. At some point, it seems likely that the Chinese-owned UN could take jurisdiction over cyber warfare. Actual Letters of Marque might, repeat, might save someone from summary execution by China. Remember that one of our own Senators is already calling for extramudicial killing of hackers.
Not directly on topic, but I have often wondered why no one arguing 2nd Amendment issues ever brings up the concept of Letters of Marque. To me, it is proof that the founders of this nation fully intended for private individuals and organizations to be able to own anything up to, and including crew-served weapons.
There was a Miami attorney back in the 1980s who petitioned the US Congress for a Letter of Marque to engage in catching drug runners. His idea was that the Coast Guard and the DEA aren’t really in the business of catching drug runners. They get paid if they don’t catch nuthin’, so they’re really in the business of putting in their 20 so they can retire. He was offering to provide the service at no cost up front, only to be compensated for 1/2 the value of whatever drugs he confiscated.
The Congress turned him down.
// fully armed ships of the line.
I figure a fully armed ship of the line would be considered a crew served weapon
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