Ideally, I'd like to see a situation where you (1) have a contract protecting user data which is reasonably enforceable given the power dynamics which exist bet

Ideally, I'd like to see a situation where you (1) have a contract protecting user data which is reasonably enforceable given the power dynamics which exist between the two parties, and (2) it's required for a judge to arbitrate whether a given situation provides justification to breach that contract. Where "judge" is proxy for a nominally impartial third party who nominally has the experience to make an informed decision which reasonably protects the interests of both parties, the public interest, and our stated commitments to civil liberties. And we already make routine use of judges for this function in cases where the data or other artifacts are not possessed by the party who wants extraordinary permission to access them.