I'm not sure RSA would want to make that defense. Right now they're claiming that they made the changes to keep the NSA as a customer and because that customer

I'm not sure RSA would want to make that defense. Right now they're claiming that they made the changes to keep the NSA as a customer and because that customer demanded them and they didn't see the harm. To argue they were actively working with the NSA on an intelligence operation, while possibly granting them immunity there, would likely cost them even more customers.