I did say both of these things. Because there are upshots and downsides to each. Both are true.
You can't escape the shittiness of this problem by running your own server. It's a bad situation either way.
The root of the problem as i read it is overly zealous law enforcement and a judge that is not acting as a proper check on their power. It's a political problem. It can't be escaped with purely technical solutions like who stores the data.