Earlier quoted context omitted.
I think the insider trading laws don't require motive - just that they had private information or used their position of influence and that they benefited from a related trade. The rules for executives at companies usually requires them to file any trade plans related to their company stock prior to actually making the trade, which would at least prevent the short term plays like the Pelosi example. Even tech people…
Stupid insider trading, where someone gets a tip and then trades on it, is well enforced. It's easy to catch ex post facto and the people doing it are generally of the mind that everyone is insider trading and so they're unlikely to get caught. The problem is in the grey areas. Take the Pelosi example. The material nonpublic information was her personal policy position. Assuming she acted purely venally, are your own…
Once she announces it in the media, wouldn't it be a professional policy opinion? CEOs are similar. They can believe what they want, but what they say to the media can be punished (like Elon was). The real sticking point is how is she of one opinion then flip to the complete opposite the next day without giving a reason. If they have to report their intended trades then it could avoid this short term play.
Spouses and household members are held to the same restrictions as the regulated individual, regardless of the conversation or not. The only reason it's hard to prove is because they are in a position of power. The SEC would jump on any normal people doing the same thing.