America Should Unleash Cyber Privateers

The rise of artificial intelligence technology has been a double-edged sword in the fight against criminal cyberattacks. The rapid development and proliferation of faster, more efficient, and agentic programs have slowed ransomware and phishing attacks. Simultaneously, white-hat AI tools that hunt for zero-day vulnerabilities have reduced human error in overall system design. Cybercrime, however, has continued to grow more potent. Criminals now use AI to research their targets and craft convincing phishing attempts, and bad actors are finding zero-day vulnerabilities of their own.  As new technology emerges, these fights are less direct confrontation than a race against the clock. When defenders lose that race, the results are disastrous.

Our adversaries have put immense pressure on American infrastructure, endangering our economy and welfare. According to the FBI, Americans lose nearly $21 billion in tangible finances annually to cybercrime. Losses on this scale are unsustainable. The question is not whether this is a threat, but how to respond. As the federal government builds its capacity to go after cybercriminals, something must close the gap in the meantime. Bureaucracy is slow by design. That serves good governance, but it is a liability against criminals who face no such constraints.

Critiques of privateering, while understandable, are at odds with the benefits a regulatory structure could provide the practice. Through the existing standardization of protocol and procedure established by Trump’s administration, privateers will have a robust system to integrate within. Especially since proactive bond requirements place a distinct financial penalty for any law-breaking. In addition, supervisory law enforcement officers that monitor the program will allow for rapid collaboration and oversight of any third-party actor, just like in any government program.

Congress can strengthen law enforcement and American cyber defenses by authorizing supervised privateers to engage threats abroad. We can pair the agility of private companies with the accountability of federal oversight. Private companies continue, and will continue, to meet demands. With consistent scaling to meet changing threat environments head-on. Letting American companies strike back at foreign cybercriminals would shift momentum in America’s favor. Foreign cybercriminals who now act with impunity would no longer fear only the government. They would fear their victims, now able to fight back with tenacity. Such a program would close the gap between what America can do and what our security demands.

Our nation retains a storied history of proactive action against those who seek to harm Americans. Transnational cybercriminals don’t just target corporations and federal agencies; they target us all. We should use every tool available against those who undermine our sovereignty, starting with refusing to stay on defense. There are times when history does not simply offer advice but a solution to the problems of today. Reviving the privateer for the digital age would give America a new weapon and take the fight to our adversaries.

Jacob Schelp is a Research Fellow at the Bull Moose Project. He previously worked for Winton Policy Group and Palm Strategic Group.