Yeah, I know - that's pretty much what we said. There's no way to distinguish between the two as an outsider. We're really strong on not doing security theatre nonsense:

https://fastmail.blog/2017/12/05/the-fastmail-security-minds...

So we're not trying to pretend anything about the legal framework - when we said "nothing will change" up front, we meant it - and when we say "nothing has changed" now, we also mean it. But we can't pretend that we couldn't be forced to say that if things had changed either, because that would be dishonest.