Last I checked, it is not a requirement that you keep logs in the US, and that is exactly what they don't do.
Regarding that server seizure... they seized one server that was used for virtual hosting of another group's mixmaster and when it was returned they immediately quarantined it and did not use it.
citation needed about the outing, otherwise its just FUD
Because they are the largest non-profit mailing list provider outside of universities and are struggling under the load. They dont need a proof of concept, they've been proving their concept since 1999.