Lee Bill Authorizes American Hackers to Fight Foreign Cyber Attacks

WASHINGTON - U.S. Senator Mike Lee (R-UT) today introduced legislation that would allow private American entities to prevent foreign cyberattacks against the United States. The Cyber Letters of Marque and Reprisal Act authorizes President Trump to issue letters of marque and reprisal to strategically deter and disrupt cyber operations against the U.S. The bill continues Senator Lee's recent work to revive the use of traditional letters of marque and reprisal under the Constitution. Congressman Tim Burchett (R-TN-02) introduced the House version of this legislation.

"Our legislation allows American digital privateers to raid cartels, cybercriminals, and foreign adversaries, disrupting their operations and seizing their assets," said Senator Mike Lee. "This is the ultimate in white hat hacking: stealing from America's enemies at the direction of the President, and splitting the profits with the federal government."

"Widespread cybercrime has become an existential threat to our national security," said Congressman Tim Burchett. "Allowing private operators to aid the federal government in combatting these crimes will strengthen our ability to defend the United States against terrorism."

Background

Article I, Section 8, Clause 11 of the Constitution authorizes Congress to "grant Letters of Marque and Reprisal." Once a commonly used tool against piracy, letters of marque authorized private citizens to seize enemy vessels with their cargoes and crew. In December 2025, Senator Mike Lee introduced a bill authorizing President Trump to allow private citizens and groups to join in defending the United States from cartels on land and sea.

Building on that legislation, the Cyber Letters of Marque and Reprisal Act will allow the President to arm America's hackers with authority to combat foreign cyberattacks against the United States. The bill authorizes the President to issue cyber letters of marque and reprisal to strategically deter and disrupt cyber operations against the U.S. and Americans, facilitate the return of stolen assets to Americans, and empower the private sector.

The Cyber Letters of Marque and Reprisal Act:

• Authorizes the President or a designee to commission private persons to conduct cyber operations against designated cyberthreats through letters of marque and reprisal. The recipients of such letters are required to post a security bond in agreement with the President, and the recipients shall forfeit the posted bond if they violate the terms of the letter. The President may require up to 15% of the total assets recovered to fund bounty programs, which the President may facilitate for holders of such letters to claim. Holders of such letters are prohibited from knowingly conducting operations against U.S. citizens, required to log all their activities, and are limited to conducting only operations that are necessary to the mission.
• Limits the definition of "designated cyberthreat" to foreign individuals and entities responsible for cyberattacks against United States persons or assets owned or controlled by United States persons.
• Allows the President to issue guidance on qualifications to receive a cyber letter of marque and reprisal, as well as guidance for a holder of a cyber letter of marque and reprisal to operate within traditional domains.
• Ensures that a holder of a cyber letter of marque and reprisal shall be authorized to conduct operations in traditional domains of warfare in addition to the cyber domain if Congress authorizes the use of letters of marque and reprisal for such domains.
• Ensures that no cause of action authorized in a letter of marque and reprisal shall be maintained against a holder of such letter in any court.

Read exclusive coverage from The Daily Caller here.
Read the full bill text here.

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