Hushmail is in Canada, I have no idea what the rules surrounding cooperating with the government are there.
In the US when it comes to subpoenas from civil or criminal courts, you only need to produce "books, papers, documents, data, or other objects" in your possession. The passwords were not in Lavabit's possession at the time it received the subpoena. Furthermore, subpoenas can be quashed if they are " unreasonable or oppressive" (see e.g. FRCrimP 17c). Asking a witness to write custom code in order to capture a user's password is a textbook example of an unreasonable request.
The rules for national security requests on the other hand are entirely different. 50 USC 1805(c)(2) requires the recipient of an electronic surveillance order to:
"(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds, based upon specific facts provided in the application, that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;"
In the US when it comes to subpoenas from civil or criminal courts, you only need to produce "books, papers, documents, data, or other objects" in your possession. The passwords were not in Lavabit's possession at the time it received the subpoena. Furthermore, subpoenas can be quashed if they are " unreasonable or oppressive" (see e.g. FRCrimP 17c). Asking a witness to write custom code in order to capture a user's password is a textbook example of an unreasonable request.
The rules for national security requests on the other hand are entirely different. 50 USC 1805(c)(2) requires the recipient of an electronic surveillance order to:
"(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds, based upon specific facts provided in the application, that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;"