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If you make the fine large enough that it may cause the company to go under, you can bet they'll buy some insurance. And you can bet the insurance companies will have some standards to reduce the risk of a company getting breached, such as doing audits regularly.

For example, if Equifax faced a fine of $5B (more than 1/4 of their market cap) instead of $500M, you can bet they'd be more serious about audits in the future. However, we've conditioned business to expect minor consequences for breaches, so security becomes an afterthought. Likewise, the $5B fine against Facebook is unlikely to change anything, though a $200-300B (20-30% market cap) fine would be much more convincing.

The point isn't necessarily to ruin companies, but to set a precedent that says these types of issues will not be tolerated. It'll force companies to get insurance, and the insurance will have an incentive to avoid collection on the policy.



Using fines that large is how you get them to not buy insurance, because it would cause the insurance to be prohibitively expensive, assuming you could even find someone to sell you a policy that large.

It also doesn't make any sense to base fines on market cap because the two things have nothing to do with one another. All that would really do is cause corporations to restructure their operations to separate the entity that does all the dirty work from the one that owns all the assets, so that the entity that exists in your jurisdiction and is susceptible to being fined is renting/leasing everything and has only a nominal market cap, whereas the one with all the assets is a totally independent company that isn't even in your jurisdiction and never does anything "wrong" because all it ever does is lease and license things to a different entity.

It also seems kind of obvious that even if you could try to impose a fine equal to 20-30% of a company's global market cap, all that would do is cause the local entity declare bankruptcy, dissolve and abandon your jurisdiction without actually paying the fine, because that large of a fine would exceed the long-term value of operating there. Especially when there isn't any guarantee it won't happen again if they stay. For that matter it would tend to make companies not want to operate there to begin with, because it's possible to do your best and still fail, and that kind of uncertainty is precisely how you drive businesses away.

But most importantly, it still generally isn't the large tech companies who are the ones with poor security. It's the other industries, especially finance and government, that are collecting just as much data but then doing a much worse job of securing it. What does a fine mean to the DMV or OPM?




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