HR4988-119

What This Bill Does

The Scam Farms Marque and Reprisal Authorization Act invokes Congress's Article I power over letters of marque and reprisal against cybercrime-linked scam centers. It finds that cybercrime enterprises and coerced labor present an unusual and extraordinary threat to U.S. economic and national security. The President is authorized and requested to commission privately armed and equipped persons or entities, under official letters of marque and reprisal and suitable instructions, to use all reasonably necessary means outside U.S. geographic boundaries to seize the person and property of any individual or foreign government that the President determines is a member of, conspirator with, or responsible through a criminal enterprise involved in cybercrime for an act of aggression against the United States. The President must require a security bond sufficient to ensure execution according to the letter's terms. The bill defines cybercrime to include Computer Fraud and Abuse Act offenses, unauthorized access to national security or personal information, government-computer intrusion, computer fraud, damaging transmissions, password trafficking, pig-butchering scams, ransomware, cryptocurrency theft, and identity theft, and defines criminal enterprise to include a foreign government.

Who Benefits and How

United States cybercrime victims benefit if the commissioned actions deter or disrupt foreign scam centers and cybercrime enterprises. Private security entities benefit from potential presidential commissions under letters of marque and reprisal. Cryptocurrency theft victims benefit if cybercrime-linked property can be targeted outside U.S. territory. National security officials benefit from an unusual tool aimed at cybercrime enterprises treated as aggression against the United States.

Who Bears the Burden and How

Foreign scam center operators face seizure risk for person and property if the President determines they are covered cybercrime actors. Foreign governments tied to cybercrime can be treated as criminal enterprises for purposes of the commission authority. The President must decide whether to issue commissions, write instructions, and set security bond amounts. Privately commissioned entities must post security bonds and execute letters according to their terms and conditions.

Key Provisions

• Authorizes presidential letters of marque and reprisal against foreign cybercrime-linked persons and property.
• Allows privately armed and equipped persons or entities to be commissioned for the service.
• Requires security bonds sufficient to ensure execution under the letter's terms.
• Defines cybercrime to include CFAA offenses, pig-butchering scams, ransomware, cryptocurrency theft, and identity theft.
• Includes foreign governments within the criminal enterprise definition.