The Expert Podcast

Ransomware and Cyber Attacks

Ransomware and cyber attacks have been all over the news lately. Whether it's the CDK Automotive dealership hack or the big AT&T hack, these are significant events that affect millions of people. With these attacks, companies are targeted by hackers who get into their systems, lock them down, and demand a ransom to unlock them.

The company has a couple of decisions to make: they can either not pay the ransom and spend a lot of time and money trying to unfreeze their system, all while the hackers may delete files or share private information on the dark web, or they can pay the ransom and get it over with. Many times, companies find it more cost-effective to pay the ransom, considering it a cheaper option. However, paying these ransoms could lead companies into trouble.

First, hackers might start demanding higher ransoms over time. While they have generally been unlocking systems after payment, there's a risk that they could increase their demands or fail to unlock the system, thereby making companies reluctant to pay. This could also lead to a situation where paying ransoms becomes a norm, encouraging more attacks.

Second, there are regulatory and legal risks associated with paying ransoms. The Foreign Corrupt Practices Act (FCPA) makes it illegal to pay bribes to foreign government officials. While hackers are not technically part of any government, if it’s discovered that they are working with a government or under its approval, paying them could lead to legal trouble for companies.

Another risk involves the possibility that the ransom money could be used for terrorism or other illegal activities. If the hacking group is using the money for such purposes, companies paying the ransom could inadvertently fund illegal activities. Additionally, if the payment involves money laundering through cryptocurrency or complex transactions, there could be legal issues related to money laundering.

While these risks are not fully tested yet, the government might eventually focus on how companies handle ransom payments. Many companies now have cyber liability insurance, which manages these payments and avoids legal complications by structuring the payment process carefully.

The question remains about how far the legal gray area will stretch before a ransom payment is considered illegal. It will be interesting to see if the government introduces regulations or prosecutions to set an example and discourage ransom payments, ultimately reducing the market for hackers. With the volume and extent of ransomware payments rising, including cases like the $25 million ransom paid in Bitcoin in the CDK hack, future government actions will be closely watched.

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