Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 9 of 29 organizations, and UN investigative bodies have called on Facebook to voluntarily coordinate with them in investigating the genocide in Myanmar for several years. In particular, the U.N. Independent Investigative Mechanism for Myanmar (“IIMM”) requests for information to Facebook have been pending for a year without progress.7 Thus, an enforceable 28 U.S.C. § 1782 order from a U.S. Court is the best avenue for The Gambia to compel Facebook to respond to its requests, and this Court should direct production under 1782 forthwith. BACKGROUND On June 8, 2020, The Gambia submitted its application pursuant to 28 U.S.C. § 1782 before this Court for an order directing Facebook to produce a limited number of documents and submit to a Fed. R. Civ. P. 30(b)(6) deposition to aid The Gambia in connection with ongoing judicial proceedings that it instituted in November 2019 against Myanmar. The material requested will assist in proving genocidal intent by Myanmar and is critical to The Gambia’s brief, which will be submitted on October 23, 2020.8 Given the short amount of time before The Gambia’s brief is due, The Gambia respectfully requests that the Court act post-haste and order Facebook to produce the requested discovery. 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.”). 7 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.”). 8 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Order , 2020 I.C.J. 178 (May 18), https://www.icj-cij.org/files/caserelated/178/178-20200518-ORD-01-00-EN.pdf. 3