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

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