I've seen half a dozen comments in this thread suggesting that paying hacking ransoms should be illegal, but I strongly disagree, for multiple reasons. I'll just make this a top-level comment rather than picking one to reply to.
(1a) Multiple have suggested that the US made it illegal to pay kidnapping ransoms. This is a misconception. The US adopted a policy that the government itself would not pay ransoms, but explicitly noted this did not apply to the victims. "The U.S. Department of Justice does not intend to add to families’ pain in such cases by suggesting that they could face criminal prosecution."
(1b) Despite this policy, the US pays ransoms anyways. Usually in the form of prisoner swaps, but in 2023 it released $6 billion in frozen Iranian funds in exchange for the release of 5 hostages[1].
(2) The belief that paying ransoms should be illegal is predicated on the belief that criminals will be less likely to commit the crime if there is no money to be made. This may be true for kidnapping, but that does not mean it would be true for hacking. Kidnapping is a high-stakes, high-commitment crime that requires physical presence and exposes the criminal to significant danger. If the criminal anticipates no reward, the risk-reward calculus skews them away from kidnapping. However, hacking is a low-risk crime. Even if the chance of reward is low, the risk is also low, so hackers are unlikely to be deterred from hacking. Many hackers will do it just for fun or to prove that they can. Moreover, hackers can profit in other ways, for example by selling the data on the black market, or by making use of the data themselves as a nation-state or corporate espionage actor. Hacking will undoubtedly continue as long as things can be hacked, regardless of whether ransoms are ilegal.
(3) Making ransoms illegal pushes the burden onto people who have no real ability to do anything about it. When a company fails to pay ransom, it is the customers who suffer. It does not materially affect the company in any way to have customer data leaked. The market has already shown, overwhelmingly, that it will not punish companies that leak user data. That a company pays a ransom to begin with indicates that they don't actually understand the market and/or have some small shred of a conscience. Rather than making it illegal to pay ransoms, I would rather see penalties for having a data breach in the first place, but once a data breach is assured, companies should be paying ransoms to try to mitigate the damage to their customers.
(4) The idea of trying to solve hacking by making it illegal to pay ransoms is ridiculous on its face. As long as systems are insecure, hackers will exist, so the legal emphasis should be on consequences for data security. The collection of PII that is not essential to providing a service to customers should be discouraged, and there should be real consequences for negligent security. There should be an investigative board similar to those for airline crashes and infrastructure collapse, which examines the circumstances in depth and identifies whether the company is at fault for negligent handling of PII.
[1]https://2021-2025.state.gov/briefings/department-press-brief...