Didn't "what are you going to do" indicate a potential hypothetical?

It was, because you can't put a business in actual jail... You gave an alternative punishment that you could actually levy on a business and I agree that that could work.

Then I don't get your response. "What would you do, hypothetically?" "Hypothetically, you could do X." "We don't do X!"

I mean... yeah... that's why it's an idea and not a description of how things work.