[Odin78]

After some contemplation I must say I agree with you. Using technicalities like "well I didn't ACTIVELY say anything!" to get around the law shouldn't work in any situation - your example makes this very apparent.

At the same time, companies should not be forced to try and circumvent the law with cute tricks. Preventing companies from informing their users/customers that their privacy has been breached by a 3-letter-agency should be illegal.

We shouldn't be arguing about the legality of canaries, we should be arguing about the legality of gag orders. Arguing pro canaries is fighting a losing battle; it's fighting the symptoms instead of the cause.