Yeah, not a technicality.
One can argue if the rules are stupid or not (they're stupid) or reasonable or not (they are unreasonable) but if you just look at the actual rules, the NFL failed on many levels.
They failed to notify the Seahawks of what phase BB was in before he was signed, this is a big one actually, as it points to the NFL being totally confused and incompetent. NFL teams expect the league to notify them of these things timely so they don't give big contracts to people without knowing what kinds of things might happen if there are violations.
They failed to notify Browner of the missed tests.
They failed to count weeks and years properly, it sounds like he's been clean for two seasons plus, no violations the entire time he's been with the Seahawks, so he should have been reset to phase one.
They took tests of BB that were excessive and wrong and probably violated his privacy i.e. if he was phase one, they get one test a year, between April and August, and it's pretty clear the failed test came more recently and they were testing him as if he was phase three, which he was in error.
None of this is technicality.
I also think it's almost certainly illegal and wrong for them to attempt to hold BB to a CBA when he is employed by someone else and not even part of the union anymore. His time in Canada and out of the NFL should absolutely count to reset him to phase one. His time with the Seahawks the last couple of years should reset him to phase one. The positive test should have never happened.
The stuff with NFL.com leaking information is a violation of federal employment law and is also libel and slander. It also makes the NFL look bad. Silver was also wrong about Winfield. The NFL should not have an anti trust exemption and own NFL.com and NFL Network and run NFL Mobile for phones and so on. If the NFL is just an organization that helps the 32 teams coordinate then anti trust makes sense given that the players have a union. If the NFL is a vertically integrated conglomerate then it should be subject to all the same laws of any other huge for profit corporation.
If I was the NFL, I'd attempt to save face. I'd announce a four game suspension, but date it starting when the test was revealed i.e. give BB credit for time served, he was injured anyway. I'd also agree to put him in phase one, quietly, and hope that doesn't leak. If I was BB, I'd accept that as a compromise, probably. He could make a crapload out of suing Silver and making him give up his sources, given that he's an NFL employee writing on an NFL web site, there's no way he'd be allowed to protect his sources, and that would truly screw the NFL.