Defense of the nation (and by extension its citizens) is the only task that the Constitution tells the federal government that it must do. All other powers are just authorizations that the government can choose to use. But, what happens when the government is ill-equipped to handle the defense? Today, we are bombarded by both nation-state and non-state actors operating within cyberspace with the goal to steal our property, harm our livelihoods, and destroy our way of life. In the early days of the nation, we faced a similar dilemma on the high seas which resulted in the issuance of letters of marquis and reprisal to private citizens and corporations. At the time, our government could not field and maintain a naval force that could defend the nation and its citizens. This talk will draw parallels between the nation’s situation then and our situation today with respect to cyber security. Utilizing legal statues and lessons learned over the last two hundred years, I will propose a methodology that enables private groups to petition for the right to become privateers and “hack back” their foreign attackers.
Natalie Vanatta is an Army Cyber Officer currently exploring the cybersecurity challenges facing the Army 5-10 years in the future.