Given the existence and current legality of NSLs and other tools, they likely cannot get out of bed without a legal repudiation of the third-party doctrine. Until then, they can be compelled to stay in bed whether they want to or not.
What I am saying is that if one company such as Google was to breach their gag order from the government regarding these things then they would be in a pretty bad situation which could result in a major loss of money to the company. However a lot of these tech companies are American and for them to all breach the gag order at once would have a large impact on the already struggling economy. Could they not use this potential economic disaster as a get out of jail token?
I mean it's kinda what the banks did with the too big to fail stuff. Putting a lot of companies in jeopardy at once could force the government to not act on prosecuting them.
I could also be talking out of my butt.