First, thanks for adding good insights into what would (and would not) stand in court.
Would a 5th Amendment right (not witnessing against herself / self-incrimination) protect the owner of the ISP against a charge of obstruction of justice?
i.e. Owner of ISP refuses to post the canary after a gag order. She is not named as a defendant in the investigation. But she can defend herself against obstruction of justice charges: plead the 5th, and thus she is not compelled to falsely affirm the canary.
It's not clear this would work, either, but there might be some pretty solid precedents that could be used in this way.
Would a 5th Amendment right (not witnessing against herself / self-incrimination) protect the owner of the ISP against a charge of obstruction of justice?
i.e. Owner of ISP refuses to post the canary after a gag order. She is not named as a defendant in the investigation. But she can defend herself against obstruction of justice charges: plead the 5th, and thus she is not compelled to falsely affirm the canary.
It's not clear this would work, either, but there might be some pretty solid precedents that could be used in this way.