In a recent Cafe Insider-Cyber Space podcast interview, “Why you should be paying attention to ransomware cyber attacks,” John Carlin, former U.S. Assistant Attorney General for the National Security Division, interviewed veteran New York Times cyber reporter David Sanger.
They discussed this specific issue and shed even more light on how dicey the problem is.
The payment of a ransom to OFAC listed cybercrime groups could subject the victim/paying company to be sanctioned by the U.S. government.
See the following October 1, 2020, U.S. Treasury advisory:
In my last post, Cyber Attacks for Ransom: Exponentially Growing Problem (Post 3 of 3), I raised the potential complication of paying a ransom to an individual or entity that is on the U.S. Treasury Department’s – Office of Foreign Assets Control (OFAC) list of cybercrime individuals, groups, or nation-states.
A few of the intriguing points made in the interview is that a company who pays the ransom falls under strict-liability (meaning the victim need not know they are paying an individual or group on the OFAC list to be held civilly liable. It does not require intent.) Except, the victim/company may not have any way of determining if the hacker is on that criminal-groups list unless they notify law enforcement.
For several legitimate reasons, many companies do not want to notify law enforcement and make the payment privately.
On the other hand, government is forced to confront a problem that is getting exponentially worse and feel compelled to do what it can to change behavior.
The interview has a runtime of 1 hour, 4 minutes.
The ransomware segment begins at 29:45.
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