The author not say whether the subpoena prevented advance notification.

The Google policy he linked to says:

> We won’t give notice when legally prohibited under the terms of the request. We’ll provide notice after a legal prohibition is lifted.

This is the key detail everyone is glossing over. NSLs and subpoenas with non-disclosure orders are extremely common in these cases - Google literally cannot notify you without being in contempt. The EFF article frames this as Google "breaking a promise" but if there was a gag order attached, they had no legal choice.

This EFF article does not announce any legal action they are taking as a result of Google complying with the government's request. I'm not really sure what the purpose of the article is. If you object to the NSL non-disclosure requirements, sue the US Government. Google is probably blameless here.