That's exactly what I'm saying I think they can. The courts, not being simple machines, care about the substance, not technicalities. You are ordered to not communicate X: If, due to previous arrangements made in bad faith, abstaining from performing a certain activity results in you communicating X, you have communicated X. It's not rocket science.

just package the deal as a general service health status, which may or may not include certain operational events (you'd have to trust the ISP about the canary anyway).