Cyber Privateers? A New Bill Revives a Historic Law to Fight Cybercrime

Congressman David Schweikert (Republican, Arizona, District AZ-01) has introduced the Cybercrime Marque and Reprisal Authorization Act of 2025 (H.R. 4988) in the House of Representatives. The bill, registered on August 15, 2025, has been referred to the Committee on Foreign Affairs. Its short title is the Scam Farms Marque and Reprisal Authorization Act of 2025.

The legislation is rooted in Article I, Section 8 of the U.S. Constitution, which expressly grants Congress the power to issue “letters of marque and reprisal”—special licenses historically granted to private operators to combat acts of aggression. In the 18th and 19th centuries, this authority was used at sea to fight piracy; today, the proposal seeks to apply it in cyberspace. The bill’s preamble emphasizes that foreign scam operations—often built on cybercrime and, at times, forced labor—pose an unusual and extraordinary threat to the economic and national security of the United States.

The initiative emerges against the backdrop of alarming data from the FBI’s Internet Crime Report 2024, which recorded 859,532 complaints and losses exceeding $16 billion—a one-third increase from the previous year. The greatest financial harm stemmed from cryptocurrency investment fraud, totaling $6.5 billion. Seniors over the age of 60 lost nearly $5 billion, while residents of California, Texas, and Florida filed the most complaints. In Arizona alone, citizens aged 60–69 lost $12.5 million in the first quarter of 2025 to scams.

According to Schweikert, “Foreign criminal syndicates, often backed by hostile states, are using cyberspace to rob American seniors, steal intellectual property, and undermine national security. Our existing tools are failing to keep pace with these threats. This legislation provides the means to act offensively, elevating digital conflict to a level comparable with the historic defense of maritime trade routes.”

H.R. 4988 authorizes the President of the United States to issue licenses to private organizations and individual operators, permitting them to pursue and disrupt cybercriminals beyond U.S. borders, as well as seize their assets—under federal oversight. A bond or security deposit, determined by the president, will be required to ensure compliance with established rules and to prevent abuses.

The bill defines cybercrime broadly, encompassing the full range of offenses described in Section 1030 of the U.S. Code: unauthorized access to systems for national security or personal data, intrusions into government networks, deployment of malicious code to damage infrastructure, trafficking in stolen passwords, pig butchering investment scams, ransomware extortion, cryptocurrency theft, and identity fraud. The term “criminal enterprise” includes not only private groups but also foreign states engaged in cyberattacks.

The legislation envisions private high-tech companies and skilled professionals acting on the digital battlefield much like privateers of the Age of Sail. Their role would be to dismantle overseas fraud infrastructure, recover stolen assets, and create tangible risks for those who previously felt secure hiding behind foreign jurisdictions.

“Americans deserve protection from digital predators who exploit foreign jurisdictions and outdated laws. This bill harnesses innovation and a constitutional mechanism to confront today’s cybercrime crisis,” Schweikert declared.