Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 16 of 29 the meaning of “authorized” in the context of section 2701(c)(1),20 a different section of the SCA. See Id. (holding that because permission to access the emails at issue was gained through deceit—i.e., the use of an invalid subpoena—it was not “authorized.”). Applying the doctrine of trespass as stated in the Restatement 2nd of Torts, the Myanmar government, its officials, and its agents gained access to Facebook’s platform by facially agreeing to its terms, conditions, and policies and misrepresented their true purpose in using the platform.21 See, Restatement (Second) of Torts § 173 (Am. Law Inst. 1965) (“A conscious misrepresentation as to the purpose for which admittance to the land is sought, may be a fraudulent misrepresentation of a material fact.”). Certainly, minor infractions would not strip SCA protections. Facebook’s own terms and conditions warn that Facebook will disclose information where it has a “good-faith belief it is necessary to detect, prevent and address … unauthorized use of [its] Products, violation of [its] terms or policies, or other harmful or illegal activity.”22 Here, Facebook itself has determined that hundreds of accounts, pages, and posts linked to the Myanmar government, its military, and 20 18 U.S.C.A. § 2701(a), (c)(1) (West 2020). Restatement (Second) of Torts § 173 (Am. Law Inst. 1965) (“A conscious misrepresentation as to the purpose for which admittance to the land is sought, may be a fraudulent misrepresentation of a material fact.”) The Restatement provides the following example: 21 The A Gas Company, having mistakenly concluded that B has not paid his bill for gas, sends its servant, C, to B's house, to remove the meter. C, in accordance with his instructions, fraudulently gains admission by stating that he has come to read the gas meter. Having thus gained admission, he removes the gas meter. The A Company is subject to liability for trespass. Restatement (Second) of Torts § 173 (Am. Law Inst. 1965). 22 How do we respond to legal requests or prevent harm?, Facebook (April 19, 2018), https://www.facebook.com/about/privacy/update (“When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.”) 10