In the immortal words of Irwin M. Fletcher: "Well I'm not sure that's even a crime anymore. There've been a lot of changes in the law."
It may be a crime (If they knew about the breach; Equifax is claiming those executives didn't know about it, which is interesting given the uncanny timing). But insider trading shouldn't be criminal. It effectively only has been criminal for a few decades, and even with that. ... those laws don't protect people, they harm us.
Think about it: the objective of an insider informatoin law is to PREVENT people from using information. ... which prevents markets from adjusting to timely and accurate info. So investors or traders are supposed to make trades today based on yesterday's information, which is counterintuitive. Trying to keep people ignorant is economic folly -- it results in bad decisions and makes it so markets take longer to adjust. For example, all of the Enron insiders who knew what was going on with the company's scam would have sold their shares long before the fiasco was unearthed if they weren't protected by these laws, prices would have corrected to reflect the true fundamentals of the sham, and a lot of people who lost a lot of money would have fared better.
Markets run on asymmetric information. Investors are always doing their best to gain an advantage by getting their hands on superior information. So-called insider information is just one kind of asymmetry, and it's not a particularly insidious one. The argument for insider trading laws is that they promote a fair stock market. But people trade securities every day based on incomplete information. In almost every transaction, you have one party who has superior information than the other. That is what makes an actual market.
Also, you can't even enforce these laws in any way that makes a difference. Forget the limited resources of the SEC and the lack of enforcement of 99 percent of insider trading activity. The decision not to trade a stock is equally as important as the decision to trade one. Let's say I had an insider source at Equifax, and he or she told me that the news about the breach was about to hit, and as a result I decided not to buy the stock. I don't even know if my decision was technically illegal, but if it was, it couldn't be proven. As a result, we have this incomprehensible law that makes information (something that is GOOD for markets) illegal, and on top of it, makes it so you are entitled to rely on the best info available. ... but only if you do nothing. Logically, those kinds of messed up incentives don't improve private investment decision making or promote efficient markets. When you prevent people who have the best information from acting, what you are doing is trying to force the market to set an UNFAIR price, not a fair one. That is ridiculous.