raise the Blood Flag
CDR - you forget one thing, though - in order to Raise the Red Flag, the governmental entity in question would have to disagree with the actions having been carried out by the pirates.
Thus far, I can find no evidence to suggest that the folks in the DC power structure are anything but enthusiastic about the Colonial going down.
Yes, and actual seaborne pirates.
The Constitution authorizes Congress to issue Letters of Marque. No reason those have to stay in the nautical domain.