Data retention, off-shoring and inducment

Jonathan Zittrain has asked some typically insightful questions about the EU data retention directive:

"I'm curious whether a US or other foreign market might arise for
turnkey startup-to-shutdown VPN services on European PCs, allowing
those inside Europe to render data retention moot in exchange for a
slight slowdown in network performance (as everything routes through
an overseas server) and the possibility of surveillance or retention
in that third location. One wonders if any of the member state
implementations of the directive will seek to penalize the provision
or use of such services under an "induce" or other standard."