I'm not familiar with US law to really say much, but under Canadian law it'd be illegal for a company to keep the canary if they received a section 215, and I presume it'd be the same in the US. I wonder if this would overwrite that law, and provide them with the ability to lie in their transparency report.
Nope. The warrant canary is a catch-22 of your own making, so you have to take the punishment either way. Either accept the penalty for lying, or accept the penalty for telling the truth. It's your decision which one you'd rather take.