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Phoenix666 writes:

In the thirteenth century, before the rise of the "modern" state, private enforcement mechanisms reigned supreme. In fact, because monarchs of the time had difficulties enforcing laws within their jurisdictions, the practice of private individuals enforcing their rights was so widespread that for the sovereign to be able to "reign supreme" while his subjects simultaneously acted as judge, jury and executioner, the practice of issuing "letters of marque and reprisal" arose. Merchants traveling from town to town or even on the high seas often became the victims of pirates, brigands and thieves. Yet these merchants had no means of redress, especially when they were outside the jurisdiction of their states. Thus the victim of a robbery often sought to take back some measure of what was lost, usually in like property or in proportionate value.
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One might ask at this point, what do letters of marque and reprisal have to do with cybersecurity? A lot, I think [says Heather Roff]. Recently, the Washington Post reported that there is increasing interest in condoning "hacking back" against cyber attackers. Hacking back, or "active defense," is basically attempting to trace the origins of an attack, and then gain access to that network or system. With all of the growing concern about the massive amounts of data stolen from the likes of Microsoft, Target, Home Depot, JPMorgan Chase and nameless others, the ability to "hack back" and potentially do malicious harm to those responsible for data theft appears attractive. Indeed Patrick Lin argues we ought to consider a cyber version of "stand your ground" where an individual is authorized to defend her network, data or computer. Lin also thinks that such a law may reduce the likelihood of cyberwar because one would not need to engage or even to consult with the state, thereby implicating it in "war crimes." As Lin states "a key virtue of "Stand Your Cyberground" is that it avoids the unsolved and paralyzing question of what a state's response can be, legally and ethically, against foreign-based attacks."

Letters of Marque were a way for a state to give cover of law to activity it could not control. Are Cyber-Privateers a good thing?

Original Submission