Should we ban ransom payments?
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Should we ban ransom payments?
1–10 of 27 posts
Re: Should we ban ransom payments?
#2How in the world would we enforce this?
Re: Should we ban ransom payments?
#3LLike they would care about their victims facing legal consequences. If they don't pay, nuts to them. If they pay, I get money.
Re: Should we ban ransom payments?
#4How in the world would we enforce this?
If somebody pays a ransomware payment, the government could seize their computers and encrypt their data until they pay a fine.
Re: Should we ban ransom payments?
#5Re: Should we ban ransom payments?
#6How in the world would we enforce this?
I am not a lawyer and entirely just guessing. I am probably wrong but if people are paying money to organized crime then perhaps it could be interpreted as aiding and abetting organized criminals using corporate funds and thus maybe possibly the government could use the existing Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970. Or maybe not. Maybe a question for lawyers that have litigated RICO cases. Maybe another angle could be proving that said funds were used in the acts of higher crimes that caused serious injury or death. Maybe additionally the SEC could also get involved in publicly traded companies that impact their stock value in the process of paying off organized criminals. I could see both sides of such a case as it could be argued that not paying off the ransom could cause the destruction of the company but the people responsible for putting the company in that position in the first place could probably be held to account. Or worst case maybe this just forces some companies to do more serious due diligence and have real audits vs. check-box audits and if they can't prove they performed their actual fiduciary responsibilities then serious action is taken against the C-Levels and board members?
Re: Should we ban ransom payments?
#7How in the world would we enforce this?
I am not a lawyer and entirely just guessing. I am probably wrong but if people are paying money to organized crime then perhaps it could be interpreted as aiding and abetting organized criminals using corporate funds and thus maybe possibly the government could use the existing Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970. Or maybe not. Maybe a question for lawyers that have litigated RICO cases…
Nothing like blaming the victim. What's next arresting people for handing over their wallet at gunpoint?
Re: Should we ban ransom payments?
#8Earlier quoted context omitted.
I am not a lawyer and entirely just guessing. I am probably wrong but if people are paying money to organized crime then perhaps it could be interpreted as aiding and abetting organized criminals using corporate funds and thus maybe possibly the government could use the existing Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970. Or maybe not. Maybe a question for lawyers that have litigated RICO cases…
Nothing like blaming the victim. What's next arresting people for handing over their wallet at gunpoint?
The victim fails to be just a victim when they actively contribute funds to a criminal enterprise.
The gunpoint analogy is a poor one; being coerced by physical violence is one thing, being coerced because you lost your files (and don’t have backups) is another. It’s a horse of a different color.
Re: Should we ban ransom payments?
#9How in the world would we enforce this?
How do we enforce every other law? If the authorities get wind of someone paying a ransom, they could investigate and then decide to prosecute if they discover that it was highly likely that a ransom payment was made. For the specifics of ransomware payments, for public companies, which line items does that amount get attributed to on the quarterly reports?
Re: Should we ban ransom payments?
#10Earlier quoted context omitted.
I am not a lawyer and entirely just guessing. I am probably wrong but if people are paying money to organized crime then perhaps it could be interpreted as aiding and abetting organized criminals using corporate funds and thus maybe possibly the government could use the existing Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970. Or maybe not. Maybe a question for lawyers that have litigated RICO cases…
Nothing like blaming the victim. What's next arresting people for handing over their wallet at gunpoint?
Seems like a matter of game theory strategy vs. tactics. If everyone were to fight back against muggers, it seems like there would be fewer muggings. But tactically, it might be best for an individual to hand over the wallet.