The Trump administration and industry leaders are exploring the concept of privateering contracts, historically used for legalizing piracy, to authorize private sector cyber operations against nations like China. This stems from a legal mechanism known as a letter of marque, which gave ships authority to attack enemy vessels. Despite interest, U.S. officials are cautious, recognizing that such old maritime laws may not be suitable for contemporary cyber conflicts, indicating a preference for more appropriate modern legal frameworks.
The idea of privateering contracts - historically used for piracy - is being discussed to provide legal authority for private sector cyberattacks against adversaries like China.
U.S. officials believe that applying a centuries-old maritime authority like privateering directly to cyberspace is unlikely, favoring a more modern approach instead.
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