Beyond the crypto architecture debate, I don't really understand how could anyone imagine a world where MS could just refuse such a request. How exactly would we draft laws to this effect, "the authorities can subpoena for any piece of evidence, except when complying to such a request might break the contractual obligations of a third party towards the suspect"? Do we really, really, fully understand the implications…
Encrypt the BL key with the user's password? I mean there are a lot of technical solutions besides "we're gonna keep the BL keys in the clear and readily available for anyone".
I suppose this all falls apart when the PC unlock password is your MS account password, the MS account can reset the local password. In Mac OS / Linux, you reset the login password, you loose the keychain.