Case 1:20-mc-00036-JEB-ZMF Document 22 Filed 09/22/21 Page 23 of 32 ¶¶ 1439–41. Thus, outside of private messages, 13 the content requested by The Gambia (as scoped to only include hate-speech and violent content) falls within the consent exception. 14 Ordering discovery is particularly appropriate here because much of the requested content would have been publicly available to The Gambia had Facebook not deleted it. 15 b. Provider Protection Exception The provider protection exception is inapplicable here. The purpose of this exception is to protect the rights and property of the provider. See H.R. Rep. No. 99-647, at 67 (1986). This exception is properly within the provider’s discretion, and no court has determined otherwise. The Court does not purport to know better than Facebook what is to Facebook’s own benefit. B. Burden And Scope Under Intel 13 Private messages refer to “secret conversation[s] in [Facebook’s] Messenger [that are] end-toend encrypted and intended just for you and the person you’re talking to.” How do I start a secret conversation in Messenger?, Facebook, www.facebook.com/help/messengerapp/811527538946901/ (last visited Sept. 19, 2021). 14 As with any discovery dispute, the Court is drawing general parameters here. The Gambia agrees that the consent exception does not apply to private messages. See Conf. Tr. at 33, 37. Facebook agrees that the consent exception covers some exclusively public content. See id. at 66– 67. Yet The Gambia has no visibility into the data itself. See id. at 34. The parties will have to meet and confer to resolve any questions about content in between, with the backdrop of the Court’s ruling that all pages and groups intended to be public should be disclosed. Future litigation may revolve around specific inquiries at to the nature of such content. 15 This Court does not wish to discourage the complicated work Facebook undertook to find and delete the content in question. See HRIA 25–28. Facebook’s dual responsibilities of upholding free speech and preventing misinformation from causing catastrophic real-world consequences is arguably the issue of this generation. But Facebook’s self-regulation is not the only tool for combating abuse. The Gambia is pursuing another recognized tool: international litigation before an authorized tribunal. And Congress has empowered this Court to facilitate such litigation. 23