Facebook, Inc. v. City of S.F.

Accordingly, we solicited supplemental briefing concerning the proper interpretation of section 2702. In that briefing, all parties now concede that communications configured by the social media user to be public fall within section 2702(b)(3)'s lawful consent exception to section 2702's prohibition, and, as a result, may be disclosed by a provider. As we will explain, this concession is well taken in light of the relevant statutory language and legislative history.

The parties differ, however, concerning the scope of the statutory lawful consent exception as applied in this setting.…