And I'm establishing that the precedent cited doesn't exist, not in modern times anyway. If the argument is that home sellers are punished if they don't protect the buyer and so data sellers should be punished if they don't protect the data, that doesn't really hold up because home sellers aren't typically punished.

Note that I (OP) am referring to builders, not sellers. With respect to the systems that hold FB's data, I'd argue they are more like builders than sellers.