It seems obvious to me that the only real solution is to penalize the payment of ransoms. For the same reasons one doesn't negotiate with terrorists.
Is there some reason to believe that this isn't the best approach? And if not, then any theories as to why it hasn't been enacted?
I work in the state government space. Many targets/victims of ransomware are small/local government agencies and the ransom demands are greater than their annual budgets. Not every agency is big enough to have someone (bored) come in on Sunday, notice stuff getting encrypted and then run in to the server room and hit the big red button like Virginia's legislature in 2021[0].
Many ransoms are far more than the victim can actually pay. Not all ransom payments result in a decryption key that actually works.
Notes:
0 - https://www.nbcnews.com/politics/politics-news/officials-vir...
I don't think you can enforce such a rule. I think it's a good approach too.
Another issue is that not paying up and risking restore from underfunded ops dept. might be more expensive than paying up AND making a selected executive look bad. And we can't have that, can we.
All that does is make the problem more expensive by whatever cut the middle men who will pop up take and however much the overhead of the obfuscation is. It might reduce payments at the margin, but probably not enough to be worth the cost.
It's one of those ideas that sounds nice in theory, but doesn't survive contact with the real world. In the same way that many people would say that you shouldn't negotiate with terrorists or kidnappers; but if it's their loved one who's being held and tortured they'll very quickly change their mind.
Getting to a world where no one pays ransoms and the ransomware groups give up and go away would be the ideal, and we'd all love to get there. But outlawing paying ransoms basically sacrificing everyone who gets ransomwared in the meantime until we get to that state for the greater good.
And where companies get hit, they'll try hard to find ways around that, because the alternative may well be shutting down the business. But if something like a hospital gets hit, are governments really going to be able to stand behind the "you can't pay a ransom" policy when that could directly lead to deaths?