It was my impression that an incorporated company is required to have a registered point of contact. A sole proprietor wouldn't be subject to that requirement, obviously, but most enterprises are not operated as proprietorships.
Yep, I have a couple of single-member LLCs and I'm required to have a registered agent (basically someone who is normally available during typical business hours at a given location) to accept service.
Is that point of contact required to be able to be able to handle unconstitutional law enforcement requirements like NSLs? The only person that needs to "disappear" is the person who can satisfy the requirements of an NSL. i.e. the person with the SSL cert and password.
Disclaimer: I have absolutely no idea what I'm talking about. Every single thing in this comment is speculation.
That said, I wouldn't be at all surprised to see the following features in the system:
- Point of contact must be available during normal business hours.
- If the point of contact is not able to handle a particular request from the government, the company is legally responsible for making someone who can available, within a reasonable window of time after the contact point gets the request.
- I don't see that the employees can be subject to a legal requirement to appear, or be located anywhere in particular, or be reachable by any means. But the company can.
- I'm pretty sure whether or not the law enforcement requirements are putatively unconstitutional makes no difference.
