Sorry, I just don't agree. Strict liability is where it's at, because the reality is that standard practice in these matters is very risky, so you're never goin

Sorry, I just don't agree. Strict liability is where it's at, because the reality is that standard practice in these matters is very risky, so you're never going to be able to pin negligence on anyone even in a civil case. Making companies fully internalize the expected cost of data breaches will actually solve the problem, even if it doesn't make you feel as good. What you propose will most likely be totally ineffective, and even if it does anything it will just be to create some kind of wasteful butt covering behavior totally orthogonal to actually solving the problem.