The story of <b><a href="http://3322.org">3322.org</a></b> seized by Microsoft will certainly be used over and again in international law discussions. A common reaction is that it was a good thing to do, and a bad precedent, due to obvious and dangerous potential for abuse. Even though the US DOJ could assert its legality, most States laws and international conventions would call it illegal. Nonetheless international cyberwar has already started, secretly and illegally with Stux, Flame and more. Then the time has come to draw some agreement about acceptable or illegal cyberwar.<br>
<br>This dilemma is not new. In past centuries naval wars were operated by military and private vessels. The latter were called <b>privateer</b>, or <b>corsaire </b>in french. They had a <b>letter of marque </b>from their State, and if caught by the enemy, they were treated as war prisoners, instead of being hanged as pirates. This activity was risky, stricly regulated and rewarding for privateers and States. See:<br>
<a href="http://en.wikipedia.org/wiki/Privateer">http://en.wikipedia.org/wiki/Privateer</a><br><a href="http://fr.wikipedia.org/wiki/Corsaire">http://fr.wikipedia.org/wiki/Corsaire</a><br><br>To some extent Microsoft acted as a privateer, but in a legal void. Wouldn't it be safer for all parties to work out a cyber-corsair (cybcor) statute ?<br>
<br>Louis<br><br>