Lawmakers Introduce Bill Authorizing Private Sector Offensive Cyber Operations via Constitutional Letters of Marque Authority

Sen. Mike Lee (R-UT) and Rep. Tim Burchett (R-TN) introduced the Cyber Letters of Marque and Reprisal Act on July 15, which would authorize the president to issue "cyber letters of marque" letting licensed private entities conduct offensive operations, including malware use, data recovery, asset seizure and disruption of malicious infrastructure, against designated foreign cyberthreats 12. Recipients would post a security bond, be barred from targeting U.S. citizens, and could retain up to 15 percent of recovered digital assets to fund future bounty operations, with a further 5 percent available to tipsters, while remaining funds go to a victim compensation program 12. Lee said the bill lets "American digital privateers... raid cartels, cybercriminals, and foreign adversaries," splitting seized profits with the federal government, and Burchett called cybercrime "an existential threat to our national security" 134. The bill was referred to the Senate Foreign Relations Committee, with a House companion sent to the House Foreign Affairs Committee, and follows a similar August 2025 bill from Rep. David Schweikert (R-AZ) that has not advanced 24.