Ladar Levison, the owner and operator of Lavabit says...
"I wish that I could legally share with you the events that led to my decision. I cannot. I feel you deserve to know whats going onthe first amendment is supposed to guarantee me the freedom to speak out in situations like this. Unfortunately, Congress has passed laws that say otherwise. As things currently stand, I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests."
Ladar Levison, of Lavabit, wrote that his company had already started preparing the paperwork needed to continue to fight for the Constitution in the Fourth Circuit Court of Appeals. But he pointed to two things that were lacking: congressional action or a strong judicial precedent. Until then, he said, I would _strongly_ recommend against anyone trusting their private data to a company with physical ties to the United States. But that is where we Americans live, and where we need to push back.
more...
http://www.newyorker.com/online/blogs/closeread/2013/08/the-nsa-and-its-targets-lavabit-shuts-down.html