Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 25 of 29 prosecutions that are domestic to a foreign state.41 It has also been criticized for its inefficiencies because of significant delays in the process.42 The CLOUD Act process also suffers from deficiencies. First, the process does not apply to The Gambia’s case because, as argued, supra Section I, the SCA does not apply. However, even if it were to apply, it is a non-mandatory tool that does not require a provider to comply with a foreign order.43 As previously mentioned, the IIMM has approached Facebook to voluntarily assist with its investigation into the atrocities occurring in Myanmar, but its request has been pending for over a year.44 Thus, contrary to Facebook’s assertions, an enforceable U.S. Court order is the proper mechanism for The Gambia’s request. IV. The discovery The Gambia seeks is relevant and narrowly tailored. Facebook argues that The Gambia’s requests are overbroad and questions the utility of 41 In re Premises Located at 840 140th Ave. NE, Bellevue, Wash., 634 F.3d 557, 564 (9th Cir. 2011) (“As their names suggest, these treaties [MLATs] provide for bilateral, mutual assistance in the gathering of legal evidence for use by the requesting state in criminal investigations and proceedings.”). 42 See, e.g., In re Search of Info. Associated with [redacted]@gmail.com that is Stored at Premises Controlled by Google, Inc., No. 16-MJ-00757 (BAH), 2017 WL 3445634, at *26 n.28 (D.D.C. July 31, 2017) (noting that the MLAT process is “cumbersome, laborious, and time-consuming … Accordingly, resort to the MLAT process could compromise time-sensitive investigations where expeditious retrieval of information is vital to the investigations success.”) (internal quotation marks omitted). 43 U.S. DEPT. OF JUSTICE, PROMOTING PUBLIC SAFETY, PRIVACY AND THE RULE OF LAW AROUND THE WORLD: THE PURPOSE AND IMPACT OF THE CLOUD ACT 4-5 (2019), https://www.justice.gov/opa/pressrelease/file/1153446/download (“CLOUD Act agreements, however, do not impose any new obligation on U.S.-based global CSPs to comply with a foreign government order; nor does the fact of an agreement establish, by itself, that a foreign government has jurisdiction over that CSP … In addition, these agreements do not impose any obligation on either government to compel companies to comply with orders issued by the other. The only legal effect of a CLOUD agreement is to eliminate the legal conflict for qualifying orders.”). 44 Poppy McPherson, U.N. investigator says Facebook has not shared ‘evidence’ of Myanmar crime, Reuters (Aug. 11, 2020), https://www.reuters.com/article/us-myanmar-facebook/u-n-investigator-saysfacebook-has-not-shared-evidence-of-myanmar-crime-idUSKCN2570K9 (“Nicholas Koumjian, head of the Independent Investigative Mechanism on Myanmar (IIMM), told Reuters the social media giant was holding material ‘highly relevant and probative of serious international crimes’ but had not shared any during year-long talks.”). 19