After some contemplation I must say I agree with you. Using technicalities like "well I didn't ACTIVELY say anything!" to get around the law shouldn't work in any situation - your example makes this very apparent.
At the same time, companies should not be forced to try and circumvent the law with cute tricks. Preventing companies from informing their users/customers that their privacy has been breached by a 3-letter-agency should be illegal.
We shouldn't be arguing about the legality of canaries, we should be arguing about the legality of gag orders. Arguing pro canaries is fighting a losing battle; it's fighting the symptoms instead of the cause.
At the same time, companies should not be forced to try and circumvent the law with cute tricks. Preventing companies from informing their users/customers that their privacy has been breached by a 3-letter-agency should be illegal.
We shouldn't be arguing about the legality of canaries, we should be arguing about the legality of gag orders. Arguing pro canaries is fighting a losing battle; it's fighting the symptoms instead of the cause.