Re: What if...
... What happens next? Employee has refused a legitimate order (legitimised by the warrant) so can be fired
I knew that would be a response.
I specifically said "what if all the individuals at a telco on which a warrant has been served refuse to co-operate?" I think it's quite likely that some small ISPs might take that stance. In which case it would be unlikely for an employee to be fired for following what is in effect company policy.
I am not a lawyer, but if I were defending an employee who had been fired - or the company board who had been charged with not implementing the warrant - my argument would be along the lines of "You can't compel someone to do something solely because they are an employee of a company, when they couldn't be compelled to do it if they were not. Even if it's legal."
I'm thinking on the hoof here, so I'd be interested in any examples, from anywhere, that either support or don't support that argument.
Biting the hand that feeds IT
