Case 1:20-mc-00036-JEB-ZMF Document 31 Filed 12/03/21 Page 4 of 14
obtain “evidence indicating the involvement of Myanmar State officials and entities, or those
affiliated with State officials and entities, in spreading anti-Rohingya hate speech on Facebook,
including the content of related Facebook accounts and evidence of coordinated activity,” which
Petitioner could then submit to the ICJ in support of its claims against Myanmar. See Pet. App.
at 14. Specifically, The Gambia requested 12 discrete categories of documents and
communications associated with pages and accounts linked to Myanmar government officials.
Id. at 14–17. It also requested documents relating to Facebook’s investigation that led to its
conclusion that the removed accounts had engaged in coordinated inauthentic behavior, as well
as a Fed. R. Civ. P. 30(b)(6) deposition. Id. at 17. This Court referred the Application to
Magistrate Judge Faruqui for full case management on June 9, 2020. See ECF No. 2 (Order
Referring to MJ).
After briefing and a six-hour hearing, Magistrate Judge Faruqui issued a well-written and
thorough Order granting in part and denying in part The Gambia’s Application on September 22,
2021. See MJ Order. He rejected Facebook’s arguments that the Stored Communications Act,
18 U.S.C. § 2701, et seq., prohibited it from releasing much of the requested content. See MJ
Order at 7–19. A subsequent weighing of the § 1782 factors, additionally, led him to conclude
that discovery was appropriate. Id. at 23–28. He also ordered Facebook to produce any nonprivileged documentation relating to its internal investigation. Id. at 28–29. The Order declined
to grant The Gambia’s request for a Rule 30(b)(6) deposition, however, finding it “unduly
burdensome.” Id. at 29.
Facebook filed its Objections to the Magistrate Judge Order on October 13, 2021. See
Resp. Objections. After receiving a Response from The Gambia and a further Reply from
Facebook, see ECF Nos. 27 & 28 (Repl.), this Court held a hearing to clarify what remains in
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