Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 21 of 29 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.30 However, in Facebook’s view, holding genocidal actors responsible for their acts does not appear to rise to the appropriate level to trigger this mechanism. Unlike Facebook, other social media organizations have opted to disclose information linked to suspended accounts where the accounts have violated the platform’s policies.31 In its report on the SCA, interpreting section 2702(b)(5), the House Judiciary Committee cited intellectual property rights and theft of services as examples of “rights” and “property.”32 The Myanmar government and its agents using Facebook’s platform to coordinate and conspire to commit genocide, engage in hate speech, and incite violence is a theft of Facebook’s services as Facebook did not permit them to use its platform to engage in criminal acts. Such use is so outside the bounds of the permissible use of Facebook’s platform, that under this provision, it can release the information to protect its rights and property. Even if the Court disagrees that the abuse of Facebook’s platform is a theft, in the most conservative view, using Facebook’s platform to conspire to commit genocide and incite violence is at least a misappropriation of Facebook’s property. This also falls within the statutory exception. To the extent Facebook is laboring under the misimpression that it would somehow be in violation of the SCA by acceding to The Gambia’s discovery requests, the Court should correct it here by making clear that Facebook is not “prohibited” by the SCA or its own 30 How do we respond to legal requests or prevent harm?, Facebook (Apr. 19, 2018), https://www.facebook.com/about/privacy/update. 31 See, e.g., supra note 4. 32 H.R. REP. NO. 99-647, at 67 (1986) (“The terms ‘rights’ and ‘property’ here refer to such rights as intellectual property rights, the right to be free from the theft of services.”) (emphasis added). 15