Recent case law has mostly struck down the CFAA criminal penalties for violating TOS. But case law generally imposes a higher obligation on employees to comply with authorized use agreements that they've signed.
If you concretely enumerate the authorized uses of employee access and leave out subpoenas, the first time you're served with a FISA letter you can keep the court busy for weeks pending a ruling on the CFAA consequences.
This will never work long term and it will certainly piss off some judges & FBI agents, but at least it can further defang the overzealous authorized use language in the CFAA.
The fact that the FBI (or whoever drafted the natl security letter) is inducing you to commit a felony may also trump the gag order. But YMMV with that argument. Even if you win that one on appeal you'll spend some time in jail in the interim.
Recent case law has mostly struck down the CFAA criminal penalties for violating TOS. But case law generally imposes a higher obligation on employees to comply with authorized use agreements that they've signed.
If you concretely enumerate the authorized uses of employee access and leave out subpoenas, the first time you're served with a FISA letter you can keep the court busy for weeks pending a ruling on the CFAA consequences.
This will never work long term and it will certainly piss off some judges & FBI agents, but at least it can further defang the overzealous authorized use language in the CFAA.
The fact that the FBI (or whoever drafted the natl security letter) is inducing you to commit a felony may also trump the gag order. But YMMV with that argument. Even if you win that one on appeal you'll spend some time in jail in the interim.