A cyber letter of marque could also be utilized as a method of bounty hunting, providing information to law enforcement agencies necessary to apprehend a cyber attacker.
Bounty hunting, like a letter of marque, is an activity intertwined with the history of the United States.
The only difference between the reward/bounty programs currently operated by the United States Government and a cyber letter of marque is the antiquated CFAA prohibition.
173) However, this concern in a cyber letter of marque context is not applicable since the cyber privateer/bounty hunter would be safely ensconced in the territorial United States, outside the physical reach of an unfriendly foreign armed force.
175) The issuance of a cyber letter of marque does not have to have the "bounty hunter" moniker, as it is analogous to a whistleblower or qui tam (176) suit whereby the privateer, minus the constraints of current domestic laws such as the CFAA, may gather information about an attacker or enemy and provide it to the proper authorities in return for monetary compensation.
This section examines each of these areas and analyzes why they are not legal barriers to the implementation of a cyber letter of marque regime.
194) Some have argued that active-defense authorizations, such as a letter of marque, are not necessary as the cyber victim can turn over evidence of a cyber attack to the FBI for prosecution.
202) It necessarily must be a requirement when issuing a cyber letter of marque to ensure that the privateer is targeting the proper bad actor.
Most critics of the letter of marque, regardless of its application, usually point to the Paris Declaration of 1856, noting that the United States is prohibited from employing privateers due to the agreement.
218) Since a cyber letter of marque regime is not grounded in maritime law and letters of marque are specifically authorized in the United States Constitution, it is permissible under international law, Paris Declaration notwithstanding, to issue cyber letters of marque.
256) The activity undertaken pursuant to a constitutionally authorized and congressionally endorsed cyber letter of marque would not, under United States law, be illegal and thus not a violation of any provision contained in the Cybercrime Convention.
While a cyber letter of marque is legal, both under domestic and international law, any cyber letter of marque regime must provide for a method of authorizing and subsequently supervising a cyber privateer.