tech
AI & Tech Brief: Cyber-privateers
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TL;DR
- The Trump administration is creating a program for private companies to conduct cyber-operations against transnational criminal organizations.
- This program is seen as a modern interpretation of the constitutional power to grant "letters of Marque and Reprisal."
- Participating companies must post a $1 million bond and will be subject to rigorous vetting and legal review.
- Key challenges include the difficulty of cyber attribution and the potential for foreign adversaries to sanction or work with private hacker groups.
- The definition of a viable target is a Cyber-Enabled Transnational Criminal Organization (CE-TCO) that is not an institutional part of a foreign government.
- There are legal questions surrounding the executive branch's authority to grant such letters, as the Constitution explicitly grants this power to Congress.
- The program's reliance on private investment may be hindered by a lack of congressional funding and clear legal protections.