Earlier quoted context omitted.
> You want to hurt the company and it's owners... The owners of big companies include lots of pension plans, index funds, etc. Hurting those owners, who didn't have any say in the bad decisions, is probably not what we want. Jail for executives who approve or have knowledge of illegal activities sounds good to me.
Institutional shareholders actually play a strong role in governance over companies, both in choosing where to invest, and in directing companies (and their boards) as to how they should operate. Pension and hedge funds finding that their assets are at risk due to changes in perceptions around privacy are actually among the most effective market mechanisms for changing corporate behaviour. Far more so, it seems than…
Oftentimes these restrictions limit them to a subset of companies in a certain market to fill a specific niche in the name of diversification. Are they artificial limitations? Sure, but only in the sense that there is no regulation saying they cannot find a different company to invest in.
All that to say that things are not nearly as cut-and-dry as it may seem.