I just asked the Chertoff Group to comment on my idea of resurrecting LETTERS OF MARQUE AND REPRISAL granted by Congress to modern-day cyber privateers. Just as the Revolutionary War was substantially funded and fought by wartime privateers, the thought I'm floating is that licensed and bonded privateers could monetize (e.g., loot) criminal organizations under a set of well-defined conditions. In Mr. Chertoff's talk on the 14th, he made the very good point that it must be "very clear to an adversary the consequences of [a cyber attack]." Seems to me the mere existence of even one such LETTER OF MARQUE would significantly reduce criminal cyber activity and even give foreign governments serious pause.
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