Review - HR 9697 Introduced – Cyber Letters of Marque

Earlier this month Rep Burchett introduced HR 9697, the Cyber Letters of Marque and Reprisal Act. The bill would authorize the President to issue cyber letters of marque and reprisal to commission private persons and entities to conduct limited cyberspace operations. No new funding is authorized by this legislation. 

A press release from Burchett’s office notes that: 

“The Cyber Letters of Marque and Reprisal Act authorizes the President to commission private contractors and entities for the purpose of conducting limited cyberspace operations. Deputizing American patriots will bolster our ability to protect the U.S. against cyber criminals.” 

Moving Forward  

Burchett is a member of the House Foreign Affairs Committee to which this bill was assigned for consideration. This means that there could be sufficient influence to see the bill considered in that Committee. While there would be some level of institutional concern about the potential for international retaliatory actions, I suspect that there would be some level of bipartisan support for this legislation. Whether it would be sufficient for the Committee to favorably report the bill, I do not expect it to be sufficient for the bill to be considered by the full House under the suspension of the rules process. 

For more information on the provisions of the bill, including suggested language for designating cyberthreats, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-9697-introduced-cyber-letters - subscription required.