Sen. Mike Lee is pitching a throwback solution to a very modern problem: a bill that would let the president hand out cyber "letters of marque" to vetted American hackers, effectively deputizing them to hit back at foreign cyberthreats and claw back stolen money. Supporters say it would let private operators seize digital assets and keep a slice as payment, while critics warn it could spark escalation, lead to mistaken targets and trigger serious international blowback. The measure has been introduced in both the House and Senate, and it is already stirring a fight over whether digital-age privateers are bold innovation or a disaster waiting to happen.
In a recent press release, Lee framed the proposal as a way to enlist "American digital privateers" to "raid cartels, cybercriminals and foreign adversaries, disrupting their operations and seizing their assets," and he posted the bill text on July 15, according to Mike Lee's office. The draft lays out bond requirements, logging rules and limits on who can be targeted. Over in the House, Rep. Tim Burchett filed the companion bill and labeled cybercrime "an existential threat to our national security," per Rep. Tim Burchett's office.
Historic Authority, Modern Risk
The move leans on a rarely discussed line in the Constitution. Article I, Section 8 gives Congress power to grant letters of marque and reprisal, a tool once used to authorize privateers at sea, as noted by Cornell's Legal Information Institute. Historians say the practice faded away after the early 19th century. According to the Center for Maritime Strategy, President James Madison issued more than 500 such letters during the War of 1812, a historical footnote that supporters now cite as precedent for reviving a tightly scoped, cyber-focused version.
How the Bill Would Work
The Cyber Letters of Marque and Reprisal Act would authorize the president, or an official the president designates, to commission private individuals to carry out limited cyber operations against named foreign threats. These digital missions would be bounded by security bonds, reporting rules and other constraints. Under the bill, letter holders could keep a share of any recovered assets, and the president could require up to 15% of those recoveries to bankroll a bounty program. Operations aimed at U.S. persons or entities would be explicitly off limits. The proposal also mandates logging of activities and allows the government to forfeit posted bonds if operators break the rules, according to Mike Lee's office.
Legal and Security Questions
The draft includes language shielding those holding letters from civil lawsuits over acts carried out under authorized operations, which opens up fresh questions about oversight, remedies for wrongful harm and where criminal liability would still apply. Rep. Tim Burchett's office argues that bond requirements and reporting obligations are enough to keep abuses in check, but security experts are more wary about letting private operators run offensive campaigns. The Microsoft Digital Defense Report 2025 warns that "private companies are not in the position to independently hack back" and that such actions can "risk unintended escalation and harm," and other scholars have highlighted potential conflicts with existing criminal law and international norms, as discussed in the Microsoft Digital Defense Report 2025 and work from the Carnegie Endowment.
What Comes Next
The bills now head into the usual congressional grind of committee review and, if they gain traction, public hearings that could significantly narrow or reshape the authority. Local coverage notes that the Senate version has been referred to the Senate Committee on Foreign Relations and that Lee previously tried to advance similar privateer-style language in December, an earlier push that has yet to move in Congress, according to KSL.
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