It's not that simple, some of these companies have tech stacks that are run-a-way trains written by people who had good intentions but wrote their code and built their infrastructure in a way that was meant for 1/50th of the traffic they currently have. I don't know anything about instagram's infrastructure but what I can tell you for certain is that every one of these companies has legacy infrastructure and code that keeps them from being able to meet all legal requirements. You can't just make a blanket statement that they don't have an excuse.