What if you recorded a monthly video of yourself naked singing the national anthem with "I have not received any secret warrants under the patriot act" scrawled on your chest in lipstick?
Could a judge really compel you to do that?
Make a video every month of yourself (voluntarily) getting whipped while stating that you had not been served any warrants. If they said that they were compelling to you do it, you could argue involuntary servitude. If they argued that did not apply since it was a punishment for a crime committed, you could argue cruel and unusual punishment.
Ultimately, in theory, they can't stop you from quitting your job and shutting down your business. It seems as though that is somewhat effective.
You don't subpoena and gag the guy that gets whipped in the video. You don't even subpoena and gag the CEO, the head of legal, or the guy who writes the transparency reports.
You subpoena a mid-level manager or a helpdesk guy or a janitor with the right set of keys, and gag them from telling anyone else at the company.
I don't know how that could happen.
>>Could a judge really compel you to do that?
No, but if you didn't do it and the purpose of doing the action in the first place was to be able to violate a gag order you would be violating that order. So at that point you would have to decide between breaking the law or being deceitful. The judge wouldn't have to order you to do anything.
I think a case can be made that public perceptions about how effectively Apple protects customer data is relevant to the company's perceived value to its customers, and therefore to its stockholders.
There is an interesting question here about whether a judge could order someone to commit a crime. Would he have the balls to put that in writing?
Can the CEO simply refuse to publish his quarterly results because he cannot certify it is accurate and complete under SOX? Sorry, SEC. Go talk to the secret judge.