In general, regardless of what their TOS say, never believe that a corporation can't be compelled by the law to do anything they could physically do. CEOs can be jailed; when's the last time we heard of one actually going to jail over user privacy?
Ladar Levison from Lavabit came close. But even he admits that was because the FBI wanted to subvert every single Lavabit user's account (attempting vast overreach on the brazen assumption that "we are after Snowden" was going to pull the wool over everybody's eyes). Levison admits though, to having "responded to" at least two dozen subpoenas and complied with at least one warrant before.
https://en.wikipedia.org/wiki/Lavabit#Suspension_and_gag_ord...
The „opt-in“ part for login logs is particularly interesting, because in fact Proton recommends this as a security best practice. Whether it’s in the best interest of the customer or not, it’s an open question. I would say, in a risk model, where threat of human rights violation by Swiss government is much lower than risks of unauthorized party accessing the account, it makes sense. Tough luck for the criminals that followed this advice.
Right from a recent court filing, search warrant.
