An 18th-century war power resurfaces in cyber policy talks

Can a centuries-old war power used for legalizing piracy be the key to U.S. cyber retaliation?

The Trump administration and industry partners have discussed whether privateering contracts — once used to deputize pirate ships — could offer inspiration for authorizing private sector hacking operations against China, though many say the 18th-century tool wouldn’t cleanly map onto modern cyber warfare.

The authority stems from a historically maritime legal mechanism, known as a letter of marque, that allowed privately owned ships to lawfully attack other vessels. Today, that authorization would aim to give the U.S. a better fighting chance against China and other nation-state adversaries. 

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