Case 1:20-mc-00036-JEB-ZMF Document 22 Filed 09/22/21 Page 31 of 32
Although an update to the SCA is sorely needed as it “was written prior to the advent of
the Internet and the World Wide Web,” Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 874 (9th
Cir. 2002), none is needed here. Facebook’s concern was that the SCA prevented the requested
disclosure. However, the SCA has a well-established path for disclosure of deleted content.
Facebook can act now. It took the first step by deleting the content that fueled a genocide.
Yet it has stumbled at the next step, sharing that content. Failing to do so here would compound
the tragedy that has befallen the Rohingya. A surgeon that excises a tumor does not merely throw
it in the trash. She seeks a pathology report to identify the disease. Locking away the requested
31