Scam Farms Marque and Reprisal Authorization Act of 2025
Summary
The "Scam Farms Marque and Reprisal Authorization Act of 2025" aims to authorize the President to issue letters of marque and reprisal against individuals or foreign governments involved in cybercrimes against the United States. It targets criminal enterprises, including those using coerced labor, and defines cybercrimes broadly, including ransomware, identity theft, and cryptocurrency theft. The bill requires security bonds to ensure the letters are executed according to their terms.
Expected Effects
If enacted, this act would allow the President to commission private entities to seize individuals and property outside the US who are involved in cybercrimes against the US. This could lead to increased efforts to combat international cybercrime but also raises concerns about potential abuses of power and international law.
Potential Benefits
- Could deter cybercrimes against the United States by creating a risk of asset seizure and capture for perpetrators.
- May provide a mechanism to recover assets stolen through cybercrime.
- Could disrupt criminal enterprises operating outside of US jurisdiction.
- Could enhance national security by targeting those who steal national security information.
- May incentivize other nations to cooperate in combating cybercrime.
Most Benefited Areas:
Potential Disadvantages
- Could lead to potential violations of international law and norms if not carefully implemented.
- May create opportunities for abuse by private entities acting under letters of marque and reprisal.
- Could escalate conflicts with foreign governments if they are deemed to be criminal enterprises.
- Raises concerns about due process and potential for mistaken identity.
- The definition of 'criminal enterprise' including a foreign government is overly broad.
Constitutional Alignment
This bill invokes Article I, Section 8 of the Constitution, which grants Congress the power to issue letters of marque and reprisal. However, the application of this power to cybercrimes and the potential for targeting foreign governments raises constitutional concerns related to due process and the separation of powers. The broad definition of cybercrime may also raise First Amendment concerns if it infringes on protected speech.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).