I think someone else commenting on this story correctly noted that penalties create a reverse incentive for disclosure, and there could be negative externalities in that incentive structure (to riff on the Econ 101 them). Since you are in the field, have you heard if it was confirmed vector of CVE-2017-5638? I have heard so little confirmation/attribution here... it's really hard to attribute how much was negligence without knowing how long the attackers were present, how many systems were compromised. I added a comment (I think) before your reply that generally agrees that this had to be a systemic failure on several levels. I still struggle with the fact that on some level Equifax were the victims of a criminal action, though.

EDIT: hoping to do this quickly to avoid comment/edit race conditions, but I wish I knew the right answer in re. penalties. Think about the system that exists with doctors, malpractice insurance industry, medical liability, review boards and the benefits society gets from transparent disclosure from reviews of medical errors. Honestly, short of jailing people, it's hard to see how criminal liability in this case could be worse than potential civil liability.