Though dormant for the last 200 years, the resurrection of letters of marque and reprisal, which commission “privateers” to seize property or assets belonging to specific foreign adversaries, would immediately close this gap in national security. Through financial incentives, a neo-privateer program would unleash the private sector’s talent, ingenuity and sophistication to hack the hackers — effectively turning the predators into prey.

The United States has a firm legal basis for a modern-day privateer program. The Founding Fathers enshrined privateering in the Constitution, granting Congress the power “to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.” James Madison granted 500 of these letters to private citizens during the War of 1812. While European nations effectively abolished privateering with the Declaration of Paris in 1856, the United States did not sign the treaty, preserving the option to use privateers in future conflict.