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Making Cyber Criminals Walk the Constitutional Plank
Law and Liberty ^ | November 23, 2020 | Adam J. MacLeod

Posted on 11/23/2020 3:07:34 PM PST by CheshireTheCat

International cyber piracy is a growing threat to personal, economic, and national security. But it is not a new threat, not in essence. In the basic character of the problem that it poses to law-abiding citizens of civilized nations, piracy of intellectual resources over the Internet is the same as piracy of ships and cargo on the high seas. Both are actions of trespass and theft beyond the reach of the legal institutions that protect the victims. Like the Barbary pirates of old, cyber pirates often live in sovereign states that fail to remedy or sanction their wrongs.

The Constitution of the United States declares a remedy for piracy. It empowers Congress to issue letters of marque and reprisal. These are private commissions which authorize a person to seize the property of a foreign wrongdoer, whose host nation will neither hold the wrongdoer accountable nor make the victim whole. A couple of scholars and a handful of law students and military officers have suggested that Congress should revive that moribund clause and commission counter-hackers to go after pirates overseas. The idea has not yet caught on. Perhaps that is because the Reprisal Clause has a bad reputation in law and jurisprudence. But its reputation follows from 19th century abuses of what was once a venerable and lawful commission. The commission itself should not be conflated with its later abjection....

(Excerpt) Read more at lawliberty.org ...


TOPICS: Computers/Internet; Conspiracy; Government
KEYWORDS:
Intriguing idea.
1 posted on 11/23/2020 3:07:34 PM PST by CheshireTheCat
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To: CheshireTheCat

Is it? Can’t even make or get crooked, treasonous politicians who actively and criminally subvert a Presidential election to walk the Constitutional plank, but yeah....

Can’t even get Hitlery and her frakin’ server and emails to walk the Constitutional plank but we sure as hell can bust the living sh*t out of a sailor taking a selfie on a sub, but yeah....

Constitutional plank, my arse.


2 posted on 11/23/2020 3:13:06 PM PST by cranked
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To: CheshireTheCat

If I could just stop the Indian swindlers from calling me multiple times a day, it would be good.


3 posted on 11/23/2020 3:52:32 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: CheshireTheCat

Justice IS NOT cruel and unusual punishment for TRAITORS.


4 posted on 11/23/2020 4:33:04 PM PST by PGalt (Past Peak Civilization?)
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