FISA courts asking for the same data are also bad. The data asked for by a FISA court must be gathered and shipped by employees and lawyers who have agency. Those employees and lawyers can choose to fight, or not. This is a public pledge that says "we will choose to fight."

Leaking FISA requests to the press, choosing to face jail time, or trying a public battle over a FISA request are other options available to people at these companies, instead of just rolling over.

I don't understand your argument.