> I would hope the free market would prune companies without proper cybersecurity but regulatory captureThree things.
1. Markets have a slow reaction function, and it really is a reaction function. Let's Consider Equifax. Suppose that market were competitive. Then you'd have dozens or even hundreds of firms with all of that data that Equifax leaked. It seems unlikely that having more copies of data floating around more firms would decrease the risk of a breach. By the time the market signals, the damage is already done, and Equifax going out of business does diddly squat for impacted consumers.
2. Markets also have perverse incentives. Data breaches, in particular, are not necessarily expensive. I've been affected by at least a dozen, none of which had a material impact on the company that lost my data. None of those companies except equifax is subject to any sort of monopolistic forces. Some, like dropbox, are basically commodities. This might be different in the case of Kaseya and Solar Winds, which are effectively IT security outsourcing firms. Maybe. We'll see. If both of those firms continue to exist at similar scale, then the hypothesis that markets can do literally anything about IT security is completely discredited.
3. Equifax is definitely a monopoly/triopoly, but the situation is much closer to cartel behavior than regulatory capture.