Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 23 of 29 use—e.g., continued use of such an electronic communication system.”35 The report also noted that any consent could be inferred from a course of dealing with a provider or from a provider’s use and disclosure rules, terms, and conditions.36 Myanmar targeted Facebook as its channel to disseminate propaganda because of the public nature of Facebook. As Facebook reported, a limited take down of 18 accounts and 52 pages had almost 12 million followers.37 When forming groups on Facebook, the Myanmar military deliberately picked topics such as entertainment, beauty, and lifestyle to attract a broad audience.38 A Facebook poster who communicates to large audiences has no expectation of privacy in their posts. Certainly, such communications are far afield from what the SCA was intended to cover. Facebook makes no serious argument as to why the Myanmar government or its officials did not “consent” and waive any privacy interests they had in communications they released to the public at-large and to large audiences.39 Accordingly, under the lawful consent exception, Facebook can disclose material that the Myanmar government, its officials, and its agents have made available to the public at-large and large audiences; any materials that could reasonably be construed as being publicly available through course of dealing; and any information that 35 Id. Id. 37 Removing Myanmar Military Officials from Facebook, Facebook (Aug. 28, 2018) (updated Dec. 18, 2018), https://about.fb.com/news/2018/08/removing-myanmar-officials/. 38 Id. (“As part of our ongoing investigations into this type of behavior in Myanmar, we discovered that these seemingly independent news, entertainment, beauty and lifestyle Pages were linked to the Myanmar military, and to the Pages we removed for coordinated inauthentic behavior in Myanmar in August.”). 39 Some Courts have applied the lawful consent exception to posts that are tagged as public. This Court is not bound by this precedent, and The Gambia submits that the facts in this case support a different result. See, e.g., Facebook, Inc.,4 Cal. 5th at 1272-73 (noting that posts configured to be public could be disclosed under the lawful consent exception, but posts configured to be restricted could not). 36 17