The point of the postmortem is to educate people as to what to do differently. You get more value out of the "accident" frame than out of the "malice" frame, which has already been intensively explored by the DOJ. Most organizations aren't going to be in a position of having a formal federal prosecutor serving as CSO and Deputy General Counsel making grave errors in fitting a report to a bug bounty process instead of a criminal investigation, but it's easy to imagine a variety of organizations landing in a variety of different scrapes about how to route reports that might trigger breach report liability.