Have you ever considered the nightmare of waking up to find your valuable digital assets—your NFTs or ordinals—vanished? In the burgeoning era of digital ownership, this is becoming a stark reality for many. But what do you do when the unthinkable happens?
Before we dive headfirst into today’s episode, my name is Mitch Jackson, and I’m a trial lawyer and private mediator with over 30 years of experience. In each podcast episode, I help you navigate the new and sometimes confusing dynamic digital landscape found at the intersection of law, business, and technology. OK, now that you have a bit of context about the topic of this podcast and the person behind it, I’d like to walk you through what you need to do if your digital asset has been stolen.
The Investigation
If your digital treasure trove has been hacked, prompt action is key. Start with an investigation to gather evidence. Should you turn detective yourself, or is it wiser to engage a private investigator with digital know-how? The choice is yours, but time is of the essence.
Documentation
Documentation is your best ally here. Do you have the receipts, blockchain proof, or any digital breadcrumbs that lead back to your asset? Collate them. Describe your asset in vivid detail. What makes it unique? If you’re scanning the blockchain via tools like Etherscan for clues, are there any irregularities in your transaction history?
Remember the sequence of events. When did you last see your asset safe and sound? Has your hosting platform delisted or frozen it? Here’s a pro tip: don’t just email the platform; send a FedEx. Make your plight impossible to ignore!
Monitoring and Professional Help
Keep a vigilant watch across online marketplaces; your stolen asset could resurface there. For high-stake losses, consider forensic services to trace the digital fingerprints of the thief.
Legal Recourse
What about the law? Have you reported the theft to the authorities, perhaps even the FBI if it’s a substantial loss? Now is the time to consult with legal professionals, particularly those who specialize in cybercrime or intellectual property. They can guide you, potentially issuing a cease-and-desist to recover your asset.
And if your digital asset remains lost in the cyber void, litigation, while complex and costly, may be your last resort.
Navigating Terms of Service Agreements
Have you ever truly read those terms of service agreements? They’re more important than you think. These documents dictate your rights, outline dispute resolution avenues, and clarify intellectual property matters. They could hold the key to your next steps in the event of theft or fraud.
Prevention: The Best Strategy
Listeners, let’s not forget the power of prevention. How strong is your password? Is two-factor authentication your gatekeeper? Stay alert to phishing scams that target your digital valuables.
In conclusion, while the theft of a digital asset is a daunting prospect, empowerment comes from knowing how to act. Are you prepared to protect your assets and, if necessary, to fight to reclaim them? Your virtual valuables need not be defenseless, nor do you.
Remember, this is about more than just reclaiming what’s yours—it’s about sending a message that the digital realm is not a lawless frontier. Stay informed, stay secure, and stay proactive.
The Web3, AI and Metaverse Legal and Business Podcast
Episode page: https://mitchjackson.com/podcast
Listen on Apple Podcasts: https://podcasts.apple.com/us/podcast/the-web3-ai-and-metaverse-legal-and-business-podcast/id1257596607
Listen on Spotify: https://open.spotify.com/show/659nwsDjBm9zX8t56rSja6?si=oaoRw_BiTbKw3rZCWW7dlQ