By Jamie MacColl, James Sullivan, Jason R C Nurse, Sarah Turner, Gareth Mott, Edward Cartwright and Anna Cartwright
The cyber insurance industry has been heavily criticised for providing coverage for ransom payments. A frequent accusation, which has become close to perceived wisdom in policymaking and cyber security discussions on ransomware, is that cyber insurance has incentivised victims to pay a ransom following a cyber incident, rather than seek alternative remediation options. Over a 12-month research project, researchers from RUSI, the University of Kent, De Montfort University and Oxford Brookes University conducted a series of expert interviews and workshops to explore the relationship between cyber insurance and ransomware in depth. This paper argues that there is, in fact, no compelling evidence that victims with cyber insurance are much more likely to pay ransoms than those without. Ransomware remains one of the most persistent cyber threats facing the UK. Despite a range of government, law enforcement and even military cyber unit initiatives, ransomware remains lucrative for criminals. During this research, we identified three main drivers that ensure its continued success: 1. A profitable business model that continues to find innovative ways to extort victims. 2. Challenges around securing organisations of all sizes. 3. The low costs and risks for cybercriminals involved in the ransomware ecosystem, both in terms of the barriers to entry and the prospect of punishment. Despite this perfect storm of factors, the cyber insurance industry has been singled out for criticism with the claim that it is funding organised cybercrime by covering ransom payments. In reality, cyber insurance’s influence on victim decision-making is considerably more nuanced than the public debate has captured so far. While there is evidence that cyber insurance policies exfiltrated during attacks are used as leverage in negotiations and to set higher ransom demands, the conclusion that ransomware operators are deliberately targeting organisations with insurance has been overstated. However, the insurance industry could do much more to instil discipline in both insureds and the ransomware response ecosystem in relation to ransom payments to reduce cybercriminals’ profits. Insurers’ role as convenors of incident response services gives them considerable power to reward firms that drive best practices and only guide victims towards payment as a last resort. But the lack of clearly defined negotiation protocols and the challenges around learning from incidents make it difficult to develop a sense of collective responsibility and shared best practices around ransomware response. This has not been helped by the UK government’s black-and-white position on ransom payments, which has created a vacuum of assurance and advice on best practices for ransom negotiations and payments. This paper does not advocate for an outright ban on ransom payments or for stopping insurers from providing coverage for them. Instead, it makes the case for interventions that would improve market-wide ransom discipline so that fewer victims pay ransoms, or pay lower demands. Ultimately, this involves creating more pathways for victims that do not result in ransom payments. Beyond ransom payments, cyber insurance has a growing role in raising cyber security standards, which could make it more difficult to successfully compromise victims and increase costs for ransomware operators. Successive years of losses from ransomware have led to more stringent security requirements and risk selection by underwriters. Although the overall effect of this on the frequency and severity of ransomware attacks remains to be seen, by linking improvements in security practices to coverage, cyber insurance is currently one of the few market-based levers for incentivising organisations to implement security controls and resilience measures. However, continued challenges around collecting and assessing reliable cyber risk and forensic claims data continue to place limits on the market’s effectiveness as a mechanism for reducing ransomware risk. This, along with cyber insurance’s low market penetration, makes clear that cyber insurance should not be treated as a substitute for the legislation and regulation required to improve minimum cyber security standards and resilience. Insurers are also commercial entities that primarily exist to help organisations transfer risk, rather than to improve national security and societal cyber resilience. The cyber insurance industry could be a valuable partner for the UK government through increased ransomware attack and payment reporting, sharing aggregated claims data, and distributing National Cyber Security Centre (NCSC) guidance and intelligence to organisations. However, the government has not made a compelling enough case to insurers and insureds about the benefits of doing so. Instead, it has relied on appealing to their general sense of altruism. While insurers will benefit if governments are able to generate more accurate and actionable data on ransomware, albeit indirectly, this needs to be sold to the industry in a more convincing way. Some principles and recommendations for both the insurance industry and the UK government are listed below. These are not designed to solve all the challenges of the cyber insurance market, nor do they present wide-ranging solutions to the ransomware challenge. Instead, they focus on where the cyber insurance industry can have the most impact on key ransomware drivers. This reflects the fact that disrupting the ransomware economy involves applying pressure from different angles in a whole-of-society approach. The recommendations also start from the position that the UK government’s light-touch approach is unsustainable and requires more intervention in private markets that are involved in ransomware prevention and response. While they are specifically aimed at UK policymakers, regulators and insurers, they may be applicable to other national contexts
London: Royal United Services Institute for Defence and Security Studies, 2023. 84p.