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> I don't like extortion, and if I suffered acute harm due to extortion, I'd be more upset, but I still wouldn't try to claim extortion is terrorism. That make
by lenerdenator 2y ago
> I don't like extortion, and if I suffered acute harm due to extortion, I'd be more upset, but I still wouldn't try to claim extortion is terrorism.
That makes you an outlier.
IANAL, but in a number of jurisdictions under common law (including the United States), when a person is killed - in this example, a patient dying because of EMR corruption/unavailability - in the commission of another crime - extortion - it is considered murder under the felony murder doctrine[0].
Now, again, IANAL and the minds of judges and jurors are fickle, but it seems to me if you could prove a relationship between "Guy in Russia locks a Cerner Millennium or Epic Systems database" and "Patient who was in the hospital died because information in database could not be accessed", you could possibly convict them of murder even though they only wanted money out of it, because you could potentially convince the court that as a hacker, the person in Russia should have known that this would necessarily bring about the risk of patient harm. After all, isn't that what makes the EMR worth encrypting to them?
It's also worth noting that terrorist organizations routinely take people hostage to extract ransoms that then get used to finance their operations. The fact that the terrorist organization in this case is likely to be the Russian SVR is immaterial. They are a government under a ton of sanctions and are looking to replenish funds however they can. Cryptocurrency is incredibly useful if you're looking to evade international sanctions.
[0]https://www.justia.com/criminal/offenses/homicide/felony-murder/ https://www.justia.com/criminal/offenses/homicide/felony-mur...
- toast0 2y agoSure, it could be murder, that still doesn't make it terrorism. Extortion leading to murder isn't terrorism. If it's coming at the direction or for the benefit of Russia, perhaps it could be espionage or sabotage, but I still don't think it's terrorism. IMHO, Russia is waging a war of aggression / conquest, quite possibly outside the rules of war and international law, but that doesn't really feel like terrorism either. Offtopic, I also kind of wonder when it becomes murder for the health systems to not protect their IT, but I'm not trying to deflect; that's a question for some other thread.
- lenerdenator 2y agoCan you cite how it's not legally terrorism?
- toast0 2y agoI'm not familiar with all the laws against terrorism, but let's go with this one [1]? It's not international terrorism (1), because it meets clause A, but not B or C. It's not domestic terrorism (5), because it meets clause A and C, but not B. Clause B is the same for both > B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; Ransomware doesn't appear to be intended to do any of those things to me. Do you have a reference that says this is terrorism? [1] https://www.law.cornell.edu/uscode/text/18/2331 https://www.law.cornell.edu/uscode/text/18/2331