Thats the problem.. You would rather read the cliff notes and ponder a question that was already answered in the judgement.
Where was it answered in the judgment? It was a very limited view of Discovery, excluding exact correspondence. So, the only thing we have to work with is that, and the anonymous XenForo source told Sands to pursue an NPO (whether in the same conversation or later).
You could say it went something like this:
Sands: We’re being harassed and defamed. We already think it’s Bond. Can you at least tell us if we’re looking in the right direction? (Example nasty threads...)
Anon @ XenForo (April 2023): Off the record? Yeah, probably Bond. Bought licenses on X/Y/Z dates, same postcode, same emails, same payment trail (that could have been shared by Sands to just confirm the suspicion)
Sands: That enough for court?
Anon: Nope. If you want this to survive scrutiny, get a Norwich Pharmacal Order.
Sands to the Nardello (April 2023): “WE GOT ‘EM BOYS!” (Locking in the "off the record" comment, that should've been a phone call, and this probably would've been a non-issue)
June 28, 2023, XenForo officially: "Pursuant to the court order, here are the records."
We will never know because Discovery chose selective pieces of content and not the full correspondence of any party involved.
XenForo covered itself with the NPO.
I just have to be more neutral now, as it's only a theory. Did the person at XenForo anticipate an NPO any day (like tomorrow, from when Sands got the information, and what exactly was that information, i.e., was it new information or comparing information, as they already had quite a bit with Nardello already, and not 2 months later, after internally discussing the matter?
Did the XenForo "staff member" review material and find themselves morally obligated to skip some steps along the way, confirming/adding information, knowing that the NPO would go through, just to help Sands' case move along more quickly? Or did XenForo catch it later, and that became a later conversation to protect themselves, to align exactly with the privacy policy, by ensuring an NPO was submitted?
Without all the sources and documents that was cherry-picked for Discovery, there are now only uncomfortable questions to ask. A person "who appears to have been working for" XenForo is all we have; we don't have the circumstances in which that conversation went down, i.e., "Confirmed. Please submit NPO immediately." (Which, if so, was obviously ignored)
Would the best course of action merely be, "Send in an NPO and we'll get you the information as soon as possible"? More than likely, then there'd be no fuss.
Or, perhaps, did XenForo terminate Bonds' license? That could weaken expectations of confidentiality in some respects.
Too little is said to know what exactly went on.
One thing for a fact that we can all agree upon, though, is that there was no data breach, and there's no backdoor for anyone to just go in and do what they want (without facing internal policy repercussions, though, I believe that issue was settled with the ultimate NPO being granted).
After a short review of Tattle Tell (the actual forum that's still up), I would still lean in favor of XenForo doing the moral thing, which they knew they could get away with later by getting an NPO in hand, fulfilling their privacy policy agreement, through the instructed NPO.