The federal system of justice doesn't generally work like this. Except where specifically allowed by statute US courts don't issue declaratory judgments, and the fact that LinkedIn didn't cite any statutory authority that would give the FISA court the authority to do this is telling.
If LinkedIn wants to publish the stats they are absolutely free to do so; they just open themselves up to a lawsuit from the government. The fact that LinkedIn is filing a useless motion instead of publishing the stats sends the message that this is more about PR than results.
i completely agree. if all companies just would not comply, bow down and lick boots, they'd either all get sued or some awakening would take place. i'm pessimistic but i'd say the latter is most likely. the awakening might even happen through all those law suits which would overwhelm the courts and just be rejected.
"the problem is not disobedience. the problem is obedience."
If LinkedIn wants to publish the stats they are absolutely free to do so; they just open themselves up to a lawsuit from the government. The fact that LinkedIn is filing a useless motion instead of publishing the stats sends the message that this is more about PR than results.