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The Congress shall have Power To grant Letters of Marque and Reprisal. The Marque and Reprisal Clause plays an important supporting role in the debate over the original allocation of war powers between the President and Congress. That debate mirrors the larger war powers.
Table of contents
Ron Paul's plan to fend off pirates - POLITICO
Although pirates are motivated above all by greed, creed and religion have often influenced their choice of targets. The lure of large rewards from little effort has always attracted the impoverished. Careers tend to be short, as much because of the hazards of the sea as the threat of legal sanction and punishment.
Most pirates have preferred to ambush their prey, frightening the crew into surrender and only fighting their way onboard if necessary. The best defense against pirates is having a vessel faster than theirs. Regions plagued by weak governance and local corruption enable piracy.
There has always been a fine line between piracy and privateering. This thorough and thoughtful history focuses on the pivotal role of privateers in the struggles for control of the sea and the spread of European empires. Moss highlights the legal and political issues raised by privateering, including the right of privateers to defend themselves, the ownership of the booty they seized, and their relationship to the states that gave them licences.
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- Under the Cover.
- Marque and Reprisal: The Spheres of Public and Private War.
Privateers remain active today, just in different forms. The private sector has expanded to fill in gaps left when all-volunteer armies handle the complex demands of counterinsurgency. Contractors have joined the fighting in Iraq, for instance, often to detrimental effect.
Letter of marque
This site uses cookies to improve your user experience. Click here to learn more. Yet this seems to be the opposite approach to take, especially given the nature of private enforcement, state sovereignty and responsibility. States may be interested in private companies defending their own networks, but one of the primary purposes of a state is to provide for public—not private—law enforcement. Moreover, it runs contrary to the notion of state sovereignty.
Breadcrumb
While many might claim that the Internet and the cyber domain show the weakness in sovereignty, they do not do away with it. Indeed, if we are to learn anything from the history of private enforcement and state jurisdiction, sovereignty requires that the state sanction such behavior. The state would have to issue something tantamount to a letter of marque and reprisal. It would have to permit a private individual or company to seek recompense for its damage or data lost. Yet this is, of course, increasingly difficult for at least two reasons.
The first is attribution. True identities are hard to come by, and equating a large cyber attack to a sniper is unhelpful. We may not need to know the social security number of a sniper, but we are clear that the person with the gun in the bell-tower is the one shooting at us, and this permits us to use force in defense. With a botnet or a spoofed IP address, we are uncertain where the shots are really coming from.
Indeed, it makes more sense to think of it like hiring a string of hit men, each hiring a subcontractor, and we are trying to find out who we have a right of self-defense against; is it the person hiring or the hit men or both? Second, even if we could engage a cyber letter of marque we would have to have some metric to establish a proportionate cyber counter-attack. What if they never get used? Is it then merely the intrusion? Proportionality in this case is not a cut and dry issue. Finally, if we have learned anything about the history or letters of marque and reprisal, then it is that they went out of favor.