Case 1:20-mc-00036-JEB-ZMF Document 31 Filed 12/03/21 Page 3 of 14 October and December 2018, Facebook removed another 425 pages, 17 Facebook groups, 135 Facebook accounts, and 15 Instagram accounts for coordinated inauthentic behavior. Id. Many of these pages were inconspicuous — some of the most popular were titled “Beauty and Classic,” “Let’s Laugh Casually,” and “All About Myanmar”— but Facebook determined that they “were in-fact covert accounts linked to the Myanmar military.” Pet. Resp. at 5 (internal quotation marks and citation omitted). Critically, when Facebook removed these pages and accounts, it preserved the content it had deleted. Id. at 6; see Resp. Objections at 10. Some of this content was maintained at the request of the Independent Investigative Mechanism for Myanmar (IIMM), a body created by the U.N. Human Rights Council to “collect evidence of the most serious international crimes and violations of international law and prepare files for criminal prosecution.” Resp. Objections at 11 (quoting U.N. Human Rights Council, Independent Investigative Mechanism for Myanmar, https://bit.ly/31jHDjj). Facebook has subsequently shared some of the content with the IIMM; to date, it has made 13 productions totaling approximately 1.5 million pages of documents and is engaged in ongoing dialogue to respond to additional requests. Id. at 12. The IIMM, however, “has no power to hold Myanmar accountable for the genocide of the Rohingya,” Pet. Resp. at 3 n.1, which brings the Court back to The Gambia’s request. B. Procedural History The Gambia filed an Application to take discovery from Facebook under 28 U.S.C. § 1782 on June 8, 2020. See ECF No. 1 (Pet. Application). That section empowers district courts to order an individual or entity to “give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal . . . upon the application of any interested person.” 28 U.S.C. § 1782(a). The Gambia’s Application sought to 3

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