The frequency of ransomware attacks has increased in 2020,
including in the wake of the COVID-19 pandemic. Further, ransomware
attacks have become more sophisticated as their perpetrators seek
to leverage new and emerging technologies. Such efforts include the
selection of novel forms of ransom, with digital assets and
cryptocurrencies becoming the new ransom of choice for many hackers
and extortionists.
Notwithstanding the pervasiveness of requests for cryptocurrency
in ransomware attacks, few courts have considered the nuances of
digital asset recovery. In this regard, the English High
Court's recent decision in AA v Persons Unknown,
[2019] EWHC 3556 (Comm), provides an opportunity to consider the
Canadian law implications for the use of civil proceedings to
prevent the dissipation of digital assets and facilitate their
ultimate recovery.
