In the particular case where the business subject to the orders is trying to provide privacy or secure communications services, the secret orders to enable spying on all the users also violates the 5th amendment.
In such a case, the order commands the operator to destroy the basis of his business. This is a "taking" without compensation in direct violation of the 5th amendment. It takes all the goodwill the business has built up and the ability to continue in the line of business, removing all the value the owner has invested in.
In such a case, the order commands the operator to destroy the basis of his business. This is a "taking" without compensation in direct violation of the 5th amendment. It takes all the goodwill the business has built up and the ability to continue in the line of business, removing all the value the owner has invested in.