That's why you have government and law to require it. The free market solving everything is a myth, and the USA is lucky that all the pipeline hackers wanted was money. Imagine if that was a nation state trying to immobilize the military in preparation for an invasion. No ransoms, instead bombs start falling while you are paralyzed.
Baseline security standards? Sure. But what is the baseline? And how influenced by lobbyists is that baseline? You know the big security companies would love to have their product be a government requirement. Attackers do not have regulations. They know the regulations and work around them. Makes it more difficult, but eventually they develop new attacks.
So now you’ve got this government body making regulations that needs people who understand security to make the regulations, who then need some way to audit the companies to ensure compliance. The companies then have to focus on the audits and not on emerging threats, or do both, and it increases overhead.
I’m not against government regulations when it is a good fit, but there are a lot of unintended consequences. The government is made up of people, too, and they may not be as close to the work to understand the optimal allocation of resources to minimize security risk.
And the trick to making AML regulations effective is massive fines -- fines so large that they genuinely affect quarterly earnings and stock prices. The same could be done with corporate computer security regulations.
Regulations should not adopt a private company's baseline security standard; we should lean on the work NIST has already done and standards that already apply to (mostly defense) critical infrastructure.
[0]: https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.S...
Further, would the same be true of giant pharma companies that create drugs that we ingest? ("Oh, skip those tests. If a few people get injured, we'll pay hush money.") Why don't we see it? Simple: Incredibly strong regulations in US/EU/Japan (the "big three" for global drug regulation & approval).
Industrial civilization has been dealing with these kinds of tradeoffs for what, a couple hundred years now? Regulations seem to be the best option out there.
It's impossible to prevent all attacks, physical or cyber, so at some point one needs to either submit to an order where attackers act with impunity, or otherwise invest in retribution.
For what it's worth, a couple weeks ago someone (according to a manifesto, an anarchist group) did exactly that in Munich - they set about 50 10 kV electricity cables that were laid bare due to construction works ablaze to strike against a military supplier and cut off about 20.000 households for over 36 hours until the utility managed to restore service: https://www.br.de/nachrichten/bayern/stromausfall-in-muenche...
Sabotage or plain old theft against utilities is pretty common, but it's hard to do something physical that truly disrupts service for longer than a day or two - the networks are designed with reliability against all kinds of issues in mind. An IT-based attack leaves no traces if done well and can have a week to month long impact, simply because back when these networks were designed, IT threats were not existing.
The entire reason the pipeline hack is such a noteworthy event is that (and I truly believe this), someone was dumb enough to take a job bigger than their head. I don't think a nation state would have burned that opportunity by signaling their technical capability that way.
Funnily enough, the pipeline hack and ransom wouldn't even be feasible without the advent of cryptocurrencies making the AML bypass feasible. As much as I despise those regulations in particular, I cannot argue with their efficacy.
The ransomeware attack in question wasn't capable of shuttering the pipeline as a target, whether the hackers wanted money or not. That was a voluntary action by the company, a questionable precaution they chose to take.
The US military isn't directly restrained by that pipeline. They have their own fuel supply lines that do not particularly care about that specific pipeline. And even if they did, they can go to the source, they don't require that pipeline for fueling purposes. They have other means of mobilizing refueling, up to and including anything that is necessary from a transport, manpower and logistics standpoint (including commandeering approximately four zillion private fuel trucks and tankers to get fuel moving for defense purposes).
There is no scenario where that pipeline existing or not existing tomorrow would shut down the US military or prevent its ability to defend against an impossible and amusingly implausible attempted land invasion of the US domestic territory.
So, imagine if that was a nation state (uh, which one?) mobilizing for an invasion that can never happen, an invasion that could never get across the Atlantic or Pacific. No.
Bombs start falling? From where? China? Russia? Russia is doing what, invading the east coast? With what ships? With what air cover? With what magical clandestine capability to hide a massive military as they sneak across the Atlantic on non-existent ships. With what aircraft carriers? And with China, so the US sends bombs back the other direction. The ability to throw a thousand nukes at China isn't restrained by the East Coast pipeline, and they know that, as does every other nation on the planet. Again, your setup is so far outside of reality that it's absurd.
Or they invested, but not in the right areas, or there was a new attack through a zero day.
They can be extremely competent in managing oil and gas (and the physical and operational safety that comes with it), but not be competent in Cybersecurity.
It’s real, hard costs today for something that may or may not happen and paying for controls that might prevent an attack. In the best case, as a customer, nothing happens. Whether improving the likelihood that nothing happen is worth a $1 or $3 per barrel premium (or if that $2 is justified) is a hazy mess and hard to make a decision around.