Case 1:20-mc-00036-JEB-DAR Document 8 Filed 08/04/20 Page 11 of 18 Facebook is prohibited from being compelled to divulge the contents of their users’ communications, including “any information concerning the[ir] substance, purport, or meaning.” 18 U.S.C. § 2510(8); see also Rainsy, 311 F. Supp. 3d at 1114 (Facebook “is a provider of electronic communication services and … cannot divulge the ‘contents’ of its users’ communications”); United States v. Nix, 251 F. Supp. 3d 555, 559 (W.D.N.Y. 2017) (The SCA “does not permit a defendant in a criminal case to subpoena the content of a Facebook or Instagram account”). The SCA’s prohibition on disclosure contains no exception for civil (or even criminal) subpoenas, regardless of whether the subpoena is served under Rule 45 or under Section 1782. Suzlon Energy Ltd. v. Microsoft Corp., 671 F.3d 726, 728 (9th Cir. 2011); see also Rainsy, 311 F. Supp. 3d at 1114 (denying Section 1782 application after holding “[t]here is no exception [in the SCA] for civil subpoenas,” and collecting similar cases); Facebook, Inc. v. Wint, 199 A.3d 625, 629 (D.C. 2019) (collecting cases and finding “every court to consider the issue has concluded the SCA’s general prohibition on disclosure of the contents of the covered communications applies to” subpoenas). Rather, the SCA affirmatively “limits § 1782 by making it illegal for an entity that provides an electronic communication service to the public to produce the contents of its stored communications.” Suzlon, 671 F.3d at 728. There also is no exception where the subpoena seeks the protected documents of foreign citizens. Id. at 729 (“Any person means any person, including foreign citizens.”). A subpoena seeking such information is “invalid.” Theofel v. Farey-Jones, 359 F.3d 1066, 1072–74 (9th Cir. 2004). All of the document requests and deposition topics in the subpoena sought by the application here, by their plain terms, seek disclosure of the contents of Facebook users’ communications, including the private messages and other communications of any number of 7