Case 1:20-mc-00036-JEB-ZMF Document 22 Filed 09/22/21 Page 2 of 32
genocide” of the Rohingya. See ECF No. 1, Ex. 1 (Pet’r’s Mot.) at 8. Facebook argues that The
Gambia’s request: (1) violates the Stored Communications Act (“SCA”), and (2) is unduly
burdensome. See ECF No. 8 (Resp’t’s Opp’n). After several rounds of briefing, The Gambia’s
motion is now ripe for resolution. 1 The Court GRANTS The Gambia’s application in part and
DENIES it in part.
I.
BACKGROUND
A.
Rohingya Genocide
In November 2019, The Gambia instituted proceedings against Myanmar at the ICJ. See
Pet’r’s Mot. at 1. The Gambia seeks to hold Myanmar accountable for the crime of genocide
against the Rohingya. 2
See id.
The ICJ has jurisdiction to adjudicate disputes over the
responsibility of a State for genocide under the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide. See id. at 6.
According to the Independent International Fact-Finding Mission on Myanmar of the
United Nations Human Rights Council (“U.N. Mission”), the Rohingya were “in a situation of
severe, systemic and institutionalised oppression from birth to death” due to “State policies and
1
On June 8, 2020, The Gambia filed its discovery request. See ECF. No. 1 (Order). On June 9,
2020, Judge James E. Boasberg referred this case to a magistrate judge for full case management.
See Minute Order (June 9, 2020). “Since the Court’s decision on a Section 1782 application is
non-dispositive, it may be decided by a magistrate judge by opinion and order, rather than a report
and recommendation to the district court.” Food Delivery Holding 12 S.a.r.l. v. DeWitty & Assocs.
CHTD, No. 21-mc-5, 2021 WL 1854343, at *1 n.2 (D.D.C. May 10, 2021) (quoting In re
Application of Shervin Pishevar Pursuant to 28 U.S.C. § 1782, 439 F. Supp. 3d 290, 301 (S.D.N.Y.
2020); see also see also In re Pons, ––– F. Supp. 3d ––––, 2020 WL 1860908, at *3 (S.D. Fla.
2020) (“The great majority of courts to address the issue” have determined that a magistrate judge
may dispose of “Section 1782 discovery motions” by order; collecting cases); In re Hulley Enters.
Ltd., 400 F. Supp. 3d 62, 71 (S.D.N.Y. 2019) (same).
2
That proceeding is styled as The Gambia v. Myanmar (Application of the Convention on the
Prevention and Punishment of the Crime of Genocide).
2