The attitude that people who are hacked should have taken better precautions and should fend for themselves is a big part of what makes us soft targets to cybercrime. Imagine if we treated murder this way. "Oh, sure, he was killed, but he was walking down the wrong street at the wrong time of day. He should have known better! Let's start an educational initiative to make sure other people know what streets they shouldn't walk down at night!"
We must expect the state to do a competent job of protecting citizens from cybercrime but, in most jurisdictions, governments do not devote adequate resources to this task. That needs to change.
New technology and inadequate response from governments is what has created this bonanza for a new kind of criminal.
The specific problem with the murder analogy is that governments have effective ways to reduce local crime. You can't do anything similar for stuff happening on the internet. Criminals come from all over the world.
Even if you can get every government to agree, not all of them have the resource to implement any effective form of deterrence. It also seems like the solution will be way worse than the problem. You either firewall yourself off from the world (what china does) or add so much spying that you can always catch the "bad guys". I can't think of any other solution. If we want a free internet, we just have to accept some are going to abuse their freedom to do bad things and deal with it.
It would probably hamper script kiddies, but it's not going to do much in the face of a targeted attack. And even a semi-motivated script kiddie could probably buy a service from a botnet to route their traffic onto the secure network.
Extradition for murderers is incredibly common, as are cross-boarder fraud investigations (look at the case of Frank Abagnale) so tracking down people internationally isn't a new thing.
There's nothing inherently wrong with that. It is a fact that violence often can be avoided. This doesn't absolve the criminals of their guilt but it does mean people can learn to recognize danger signs and avoid many instances of violence. When faced with warning signs that a situation is developing, a lot of people feel like something is a bit off but they proceed anyway because they think they're just being paranoid.
Punishing people after the fact does nearly nothing to help victims. It doesn't undo any trauma, it doesn't bring the dead back. Avoiding violence is always the best option if possible.
Also imagine how well this would go - your child was kidnapped, but now you have to go to prison because you had the gall to make sure they go home safe.
Like, I get your point, but it's one of those armchair social science ideas that can go into a cabinet full of really cool and really obvious ideas that won't ever be implemented in reality.
They often are taken seriously. The problem is most of the ransomware gangs operate out of Russia, and Russian law enforcement permits the activity if Russian citizens aren't targeted. (There may be a short blacklist for citizens of some other countries allied with Russia, as well, but targeting and profiting from citizens and companies in America and Western Europe is explicitly allowed.)
If you're the FBI, there's absolutely nothing you can do about that if the ransomware operators never leave the country. You can try to lure them out of the country - and this does happen sometimes - but if they're smart enough to never leave, they're basically immune to all repercussions.
The Justice Department can publicly indict them, and they sometimes do, but they're just going to laugh at it; it simply increases their street cred and respect among their peers. "I'm on the FBI's Most Wanted lol." You can go after the infrastructure, but as long as the people involved are allowed to operate freely and continue to have lucrative incentivizes, it's only a minor annoyance at most.
So if the choice is presented as "do I not pay the ransom to reduce the chance of further kidnappings by some completely undefined %, or have my child harmed with nearly 99% certainty", who could ever chose not to pay it? What sort of mind gymnastics would you go through to justify not paying it in that case?
It’s like pollution or recycling. Why spend the effort and cost to do it if the benefit is only to future generations or society as a whole (ignoring the few who do it for their own sense of self-satisfaction)? That’s why we have things like penalties for pollution and carbon credits.
These people are externalizing the cost of their actions. At the very least we shouldn’t allow ransom payers to externalize the real cost of the ransoms to future generations and society as a whole.
Making ransom payments super illegal wouldn't stop them from being made. People(parents in particular) would absolutely try to find a way to pay the ransom anyway to save their children, no matter the consequences. Like I said in another comment - what kind of punishment would stop the parent of a child in danger from paying the ransom? Years in prison? Most parents would gladly make that trade to make sure their kid goes home. There isn't a punishment here that you can establish to absolutely eliminate ransom payments, and as I'm sure you can see - as long as *any" are paid, criminals will keep using them as a tool. So imho, any effort(and therefore money) spent on fighting the ransom payers is completely wasted time and money. Not paying a ransom does not reduce the chance of further kidnappings significantly enough to make it worth it, and I'm nearly certain you can't come up with a punishment harsh enough to scare people away from making the payments.
You can read what I wrote here about teh great firewall. https://news.ycombinator.com/item?id=27103646
"No more drugs" is not the goal, neither is "no more ransoms." The goal is to reduce the reward for ransoms so that it is disincentivized to some degree.
If our disagreement is on how to stop X to an absolute degree, then I would agree with you for all Xs that it would be impossible, whether X be ransoms or logical fallacies.
Come on. You would really make that decision if your child were kidnapped?
Also I'm not sure how the fine would even be decided to be effective? 3 years in prison? Would absolutely gladly trade it for the life of my child. Probably any amount of time in prison would be spent gladly in order to save your child. And once we start throwing ideas like life imprisonment(because really, can't go much higher than that) it would be struck down as not proportionate to the crime.
By this logic the Great Firewall of China is a massive failure because some guy, somewhere, was able to access illegal content from China. But that's not the case. It works quite well to control public opinion and it doesn't have to be 100% effective at blocking content to do so.
The same applies to disincentives to ransoms. Of course some people will still pay ransoms. But why let criminals have a monopoly on the market? The total ransom someone can pay is fixed by the market (basically how much your child is worth to you and how much money you even have, otherwise there'd be no ceiling on ransoms). Since the government is in on the action, the revenue from ransoms is split between fines/jail time/criminals. If the government's actions are decided ahead of time, and cannot be changed based on any single ransom attempt, then kidnappers will know that their potential income from ransoms will be severely cut, thereby disincentivizing ransoms by some degree. The degree to which it is disincentivized depends on how good of a competitor the government is in the market (enforcement/detection of ransom paying events).
> Also I'm not sure how the fine would even be decided to be effective? 3 years in prison? Would absolutely gladly trade it for the life of my child. Probably any amount of time in prison would be spent gladly in order to save your child. And once we start throwing ideas like life imprisonment(because really, can't go much higher than that) it would be struck down as not proportionate to the crime.
These are implementation details. If there is no ceiling to what you will pay/rob/steal/do then don't let the kidnappers out there know! But also, you'd be a massive liability to society assuming other people don't care about your kid as much as you do, since criminals can leverage you to a 100% degree. If they know this about you, they don't even have to estimate your net worth. They can get you to go rob a bank instead!
Which are what a plan is made of. If you live in a democracy and not a dictatorship, you have about a 0.0002% chance of keeping the parents of a kidnapped, murdered child in jail for more than a day for the crime of "attempted ransom paying" without you and your family becoming pariahs and being screamed at in public places, and your political party being annihilated from politics even after press releasing your expulsion.
It's not just the parents that would have to sacrifice.
I think you're right that imprisoning people for paying ransoms would probably decrease the probability that a victim would pay a ransom. And imprisoning people for blasphemy would probably decrease the probability that someone would take Jesus's name in vain. But I'm not sure how useful it is to discuss things like this. (And, for the record, I also think it's unconscionable that the US imprisons people for simply using drugs.)
And then there's the question of overall efficacy: it disincentivizes a lot of potential drug use, but does it also disincentivize drug sales? Does banning drug possession decrease the amount of drugs sold? I don't know. They could always just try to sell to more people than they otherwise would have.
Similarly, ransomers could just go for more of a spray-and-pray approach and ransom more victims per unit time to offset the fact that there's a lower probability that any one victim would pay. They could also hike up ransom prices to offset it, so that each victim is hurt more even if there may possibly be fewer total victims.
I think even if it did objectively, inarguably decrease the amount of ransoms - which I acknowledge is plausible - it'd still be completely unethical and an extremely terrible idea. But I'm not even sure if it would. We aren't exactly winning the War on Drugs by penalizing drug use, and I'm not convinced we're going to win the War on Ransomware by penalizing ransom payments. And even if we could win both those wars that way, I think it'd still be really fucked up and major governmental overreach.
There are a lot of issues with this idea, too, but I'd be more sympathetic to the ideas some others have suggested in this thread: bring back letters of marque and reprisal and provide some legal structure for American/European citizens to target international cybercriminals in certain countries and perhaps also take money from them and keep a percentage of the proceeds, etc. I'd be way more in favor of vigilante justice against perpetrators as a remedy compared to draconian punishments against victims. These people currently face absolutely no repercussions, so adding some repercussions may help deter them.
These situations involve complicated moral dilemmas, but thought experiments never take into account all possibilities, and at some point idealistic principles about the general problem have to give way to pragmatism about the immediate problem.
To give an extreme example, if someone had a button they could push that would end the world as we know it, and they demanded you pay them $1B or they'd push it, are you really going to argue that paying that billion dollars is the incorrect response because it would encourage future people with the ability to end the world as we know it to demand ransoms?
Well he wouldn't have been kidnapped in the first place if we disincentivized ransoms!
> To give an extreme example, if someone had a button they could push that would end the world as we know it, and they demanded you pay them $1B or they'd push it, are you really going to argue that paying that billion dollars is the incorrect response because it would encourage future people with the ability to end the world as we know it to demand ransoms?
Your example is indeed extreme. It posits a game with 2 players, the world, and the entity trying to end the world. In a 2-player scenario where you lose if you don't do some requested action then you would have no choice but to do it. However, in an n-player scenario where n > 2 and player "x" being the one wanting to win by ending the world, and assuming all other players can win by cooperating, then yes the world government should indeed forbid all players from paying the $1B ransom.
It's a well established fact that if ransom demanders know that ransom payers are subject to significant fines and penalties, their power to demand ransoms drastically diminishes.
Can't collect in cash? That's a-ok. Do me a favor and you get your kid back.
You are not talking a lick of sense. Crime finds a way. It always will. You can't tax law abiding people to invalidate criminal economic models. All you do us disadvantage the victims, undermine the legitimacy of your legal edifice by implicitly raising it above those it serves in importance, and completely do away with any semblance of sanity, and maximize tge cost in human lives exacted from the pool of the falsely accused and victimized. Game theory doesn't apply. Rational Actor Theory doesn't apply. Addressing crime via draconian laws doesn't work if you're at all interested in any State even nominally centered around the concepts of Freedom and Liberty.
And a Ransom tax? Do you want tax collectors tarred and feathered? Or are you just trying to ensure that any remaining credibility in the government is irrevocably lost? Taxes lend legitimacy to things. You're basically admitting that a ransom is even a valid transaction by enshrining it in your tax code.
Absolute madness.
This is a bizarre and emotive discussion, so I'm not sure how much more it's worth saying, but I will leave you with one final question. What law could you possibly make and what "severe criminal penalty" could you possibly impose that would be greater than the natural law that parents would do almost anything to protect their children and what a parent would suffer if they lost a child? I don't believe anyone could ever implement the policy you've been advocating effectively, and at that point, the entire deterrent argument collapses anyway.
This kind of punishing of victims is draconian, unethical, and, in my opinion, basically insane, in addition to being impractical and very difficult to enforce. In some cases the victim's negligence is largely to blame, but sometimes it isn't.
And even when they are negligent, I think threatening to imprison them for paying a ransom in order to remedy something that may upturn their entire life and cost them far more (financially and otherwise) than not paying is just ridiculous.
There should be some kind of accountability and regulation for negligence, and any company that's hit with a ransomware attack should be legally required to report the attack to authorities and disclose it to their customers, but I don't think you can or should punish people for paying ransoms. You should try to punish the ransomers, and the people who obstruct punishment and shield the ransomers (like countries whose law enforcement permits the attacks and extortion and whose financial industry permits the payment handling).
Cybercrime isn't so much crime as a basic reality of these systems. The level of policing we'd need is a ridiculously high cost in comparison to improving the public infrastructure that is computer security.
Just what government response would be appropriate here. From where I sit, government already meddles way too much in this area.
"Oh, sure, he was killed, but he was walking down the wrong street at the wrong time of day."
It is an odd comparison, but also very apt. You are at fault for walking South Side Chicago, while waving wads of hundred dollar bills looking like a mark. Just because it is illegal to take from you, does not mean it is not stupid to flaunt your idiocy around.
You could invest a ton into security, have a competent security team, follow best practices, set up lots of security appliances and software, have lots of analysts monitoring and responding to alerts and actively hunting for threats and writing custom SIEM rules etc., and there could still be one small mistake that lets a sophisticated attacker in.
As the adage goes, the defenders have to win every time and the attackers only have to win once. A group of sufficiently motivated, dedicated, resourceful, and talented attackers who face zero risk of any sort of repercussions will very likely get in if they put enough time and effort into it.
This isn't just old-school ransomware that merely tries to infect as many computers as possible in general and just happens to land on a corporate machine and automatically spreads from there. These are trained, experienced red teams manually targeting companies and everyone who works at them. In many cases the victims do indeed have poor security, but a company doesn't necessarily need to have poor security to fall victim to ransomware.
Which is what exactly? Speculation? And...
1. Store any amount of money easily and securely
2. Transact quickly, easily, cheaply, globally, limitlessly
3. Nobody knows your balance
4. Nobody knows transaction amounts, senders, receivers, history
5. Nobody knows about anything you do
6. Nobody can randomly freeze your assets
7. Nobody can move those coins without the key
Have you ever had your money taken away from you? My country suffered through hyperinflation in the 90s, the government got desperate and just froze the bank accounts of everybody. The amount of disruption this caused is legendary.It doesn't matter how much energy it consumes or how much crime it enables. If it allows us to escape government stupidity it's more than worth it.
It’s like replacing the local police with the Sicilians. They even have a comparable customer service policy, i.e. SFYL.
[1] https://ag.ny.gov/sites/default/files/2021.02.17_-_settlemen...
Monero currently has all of these properties.
> You get to escape government stupidity into the open arms of criminals and scammers.
This is does not justify sacrificing everybody's financial privacy and independence. The police should track the criminals via other methods. They shouldn't be able to surveil everybody's transactions at all times or freeze people's accounts over the slightest suspicions until they prove their innocence. It's better to let some criminals escape than suffer these injustices.
Agree to disagree haha. Financial records are private unless revealed to authorities in a 4th-amendment compliant probable-caused based warrant. Seems like the right place to draw the line.
> The police should track the criminals via other methods.
Why? I mean it's pretty easy with basically every crypto other than Monero, and Monero is basically Narco-dollars, which are unlikely to find any acceptance.
> They shouldn't be able to surveil everybody's transactions at all times or freeze people's accounts over the slightest suspicions until they prove their innocence.
You mean... probable cause? And offer due process to resolve? Some would argue that's the foundation of the criminal justice system.
> It's better to let some criminals escape than suffer these injustices.
You're just subbing one kind of criminal for another.
Copper for the craftsman cunning at his trade."
"Good!" said the Baron, sitting in his hall,
"But Iron -- Cold Iron -- is master of them all."
https://www.poetryloverspage.com/poets/kipling/cold_iron.htm...
Of course the correct answer for everyone, in the long term, is to have backups and not pay.
Backups aren't necessarily enough. Sure, a lot of companies don't backup. And sure, a lot of companies backup but keep the backups on network shares that the ransomware can reach and encrypt. And sure, a lot of companies keep isolated backups which aren't encrypted, but which are missing the past few days of production data.
But even if you have a perfect backup solution up to the minute before the attack occurred, you'll still be coerced to pay. These ransomware operators are general extortionists - they manually target specific companies and come up with the most impactful threats to pressure you to pay.
They screenshot all of the sensitive documents, emails, IMs, trade secrets, and PII they've gathered and say they'll post it online and mail it to every local, regional, and national press outlet, every company you partner with, and every customer email they've harvested. (And they do indeed make good on this threat if you don't pay by a deadline.) They call all your executives every hour of every day and target their personal devices. They might SWAT your executives' houses.
If you don't have backups, the overall, reputational, and financial cost is probably way higher than the ransom payment. But even if you do, it still might be higher than the ransom payment. Even if you really want to take the moral high ground and inform your customers, partners, and the media of your choice and that you won't negotiate with terrorists or whatever, all of the damage (especially to your reputation and trust) may still be so extreme that you have to shutter your company.
I don't think you can fault someone for paying the ransom when they're being explicitly targeted by sophisticated attackers and when so much is at stake.
If people like him are telling you to pay, then people are going to pay, which will just create more and more and more attacks.
Many small and weak nations are barely clinging on for survival by any means necessary - they cannot afford to not pay Dane-geld, and I think they'd appreciate not being mocked as a weakling by someone born to the British Empire.
In the aggregate, there may be more money being siphoned off businesses by offering "protection" as a service than from ransom demands.
We've known for hundreds (thousands?) of years that paying ransom only encourages more demands for ransom in the future. The solution to this is backups and improved security. I know that's expensive. Pay that cost now or continue paying more dane-geld proving over and over again that you are a mark that will pay.
> or, increasingly, to prevent them from being leaked
Why did high-risk data exist in the first place? Maybe stop gathering so much risky data.