Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 11 of 29
government, its officials, and its agents—who have indisputably misused its platform—to the
same extent it protects the privacy interests of U.S. citizens who comply with all of Facebook’s
terms and conditions. Facebook’s Opp’n to Pet’rs Appl. Pursuant to 28 U.S.C. § 1782 6, ECF
No. 8 (“Opp’n”). But, given the origins and history of the SCA, this would be a surprising
proposition, which the plain language of the SCA refutes. That language, carefully considered,
makes clear that Congress did not set out to protect the privacy interests of foreign governments
in the content of their electronic communications; the SCA’s protections, on their face are
limited to natural persons, domestic governmental officials, and are likewise limited to
communications that are in compliance with the system’s requirements and thus remain stored
on the system. In other words, the SCA, by its terms, does not protect the removed content of
the Myanmar government, its officials, or its agents.
a. The Myanmar government, its officials, and its agents are not “users” because
they do not qualify as “persons or entities” as those terms are defined in the
SCA.
The SCA’s protections do not extend to the Myanmar government, its officials, or its
agents because they are not included within the definition of “users.��10 To interpret any statutory
provision, the starting point must be the language of the statute itself. Consumer Prod. Safety
Comm’n v. GTE Sylvania, Inc. 447 U.S. 102, 108 (1980). Ordinarily, the Court will give effect
to the plain meaning of the words used by the legislature. Through the SCA, Congress
prohibited an “electronic communications service” provider who provides services to “users”
who are defined as “person or entity.”11 The term “person” is carefully defined under the statute
as: “any employee, or agent of the United States or any State or political subdivision thereof,
10
11
18 U.S.C. § 2510 (13) (2020).
18 U.S.C. § 2702 (2020); 18 U.S.C. § 2510 (6), (13), (15) (2020).
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