The point is in enabling the conversation. We can make the laws whatever we want that would help it be fair
White hat: can I hack?
Company: no
Later:
Company has 100 security request denials
Company info leaked
Company gets sued
Judge is presented with 100 instances where the company was offered free security testing and they refused
Judge raises issue from possible negligence to gross negligence
We can also only allow companies to deny requests for specific reasons
Company: No we are super secure! No trying to find vulnerabilities.
Black Hat: lol sells company data