Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 10 of 29 Facebook opposes the application stating that it would be a violation of the SCA for it to produce any documents. As discussed further below, these arguments are without merit. As a threshold matter, the SCA does not apply to The Gambia’s requests. First, the plain language of the SCA does not apply to foreign governments, its officials, or its agents. Second, the SCA does not protect actors who have engaged in unauthorized use of a provider’s platform— Myanmar’s abuse and manipulation of Facebook’s platform to foment genocidal hatred against the Rohingya people is well documented by Facebook and by Facebook’s consultants.9 Such use is not protected under the Act. Third, The Gambia’s requests are limited to information that Facebook has removed from its platform and preserved—the SCA does not protect such content. Furthermore, even if the SCA were to apply, Facebook could utilize at least two statutory exceptions to produce the discovery The Gambia has requested. In particular, section 2702(b)(5) permits Facebook to “divulge the contents of a communication” where it is necessary to the performance of the service or to protect its property rights, and section 2703(b)(3) permits disclosure where the information has been publicly disclosed. As explained further below, this Court should grant The Gambia’s application. ARGUMENT I. The SCA does not protect the privacy of the Myanmar government, its officials or its agents and it does not apply to the removed content The Gambia has requested. Facebook assumes without argument that the SCA protects the Myanmar 9 Removing Myanmar Military Officials From Facebook, Facebook (Aug. 28, 2018) (Updated Dec. 18, 2018), https://about.fb.com/news/2018/08/removing-myanmar-officials/; February 2020 Coordinated Inauthentic Behavior Report, Facebook (Mar. 2, 2020), https://about.fb.com/news/2020/03/february-cibreport/; Nathaniel Gleicher, Taking Down More Coordinated Inauthentic Behavior in Myanmar, Facebook (Aug. 21, 2019), https://about.fb.com/news/2019/08/more-cib-myanmar/; BSR, Human Rights Impact Assessment Facebook in Myanmar 27, Facebook (Oct. 2018), https://about.fb.com/wpcontent/uploads/2018/11/bsr-facebook-myanmar-hria_final.pdf. 4