Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 24 of 29 Facebook notified Myanmar users would be public through its rules, terms, and conditions.40 This material would include, for example, requests 1-7, which draw on information that is publicly available regarding accounts, groups, and organizations that Facebook has suspended or blocked. Likewise, a number of The Gambia’s requests seek information that is not “content” within the meaning of the SCA. For example. The Gambia has sought a deposition pursuant to Rule 30(b)(6). Because this request does not fall within the protections of the SCA, the Court can issue a subpoena permitting a deposition. III. Unlike the MLAT and CLOUD Act processes, a 28 U.S.C. § 1782 action is the proper mechanism for The Gambia to request information from Facebook. Facebook wrongly suggests other mechanisms are better suited for The Gambia’s request. Opp’n 2. A 28 U.S.C. § 1782 action is precisely designed to allow The Gambia, a litigant before an international tribunal, an efficient means to collect evidence for use in that proceeding. Under 28 U.S.C. § 1782, a petitioner is allowed to obtain evidence through a federal district court “for use in a proceeding in a foreign or international tribunal.” Here, The Gambia is before the ICJ holding the State of Myanmar accountable under the Genocide Convention. There is no better process than a 28 U.S.C. § 1782 action. In contrast, the MLAT and CLOUD Act processes are cumbersome and/or potentially inapplicable. The MLAT process is typically used to facilitate evidence collection for criminal 40 Even Facebook’s own terms and conditions authorize Facebook to release certain content. See, e.g., Terms of Service: 3. The permissions you give us, Facebook (July 31, 2019), https://www.facebook.com/legal/terms (“Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a nonexclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).”). 18