Anything which potentially signaled your receipt of an NSL would be
grounds for prosecution under the gag-order. This is what the prosecutor
was alluding to when he signaled that Lavabit's shut down was tantamount
to a violation because his shut down essentially communicated the fact
that he was under a court order to do something which he couldn't talk
about.
Making your service secure such that you can't be forced to do this sort
of thing (or such that it would be obvious, say open in reviewing your
open source code) would be the only way to go.
*R. Jason Cronk, Esq., CIPP/US*
/Privacy Engineering Consultant/, *Enterprivacy Consulting Group*
<enterprivacy.com>
* phone: (828) 4RJCESQ
* twitter: @privacymaverick.com
* blog: http://blog.privacymaverick.com
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