That line bothers me too, but for a different reason - isn't the onus on a business owner to offer a reasonable avenue for obtaining information on email records when presented with a warrant? I suspect that the architecture of the service would make an appeal all the way up to the Supreme Court extraordinarily difficult to win, since there is plenty to question, and that it is not a clear example of being compliant & being penalized unrightfully given the circumstance.

I would not expect much to come from this appeal - looking in from the outside, the case doesn't appear terribly strong.