Someone had an interesting comment on the Techdirt page: have people stream online when opening up the mail.

Google Glass FTW. When the person reads the letter, video footage is automatically streamed and seeded around the internet. How can they compell you with a gag order if you didn't know what was in the letter to begin with and you happen to read it live over the network? :-)

Ignorance of a law that you haven't read yet because you're not allowed to is no excuse!

When this happens in China, we cry foul. When it happens here, we're quick to brush it under the rug.

The media is complicit. No one who watches any of the major news channels will ever hear of this.

Are these the same folks who gave assault rifles to drug cartels?

Yes. Operation Fast and Furious.

Is there any chance that the telco will win the suit?

IANAL but I would guess the first thing that will happen is their lawyers will ask to postpone the case pending the challenge to the NSL. I would be surprised if a court does not agree to this. Then the challenge will happen, if they lose on the challenge, the Telco will be back in court with the record of the previous battle saying they were within their rights.

If the telco loses, it is a bad day for due process indeed. I can't imagine a telco losing because they delayed compliance in order to challenge an order, and if that is all that is required to be liable then due process is dead. It's unimaginable to me, and the consequences of that cannot be overstated.

In case any one else was confused, The DOJ is part of the Executive, and completely different from the Judiciary. As far as I know (and hope), the Judiciary can't actually sue people in its own courts.