Narrative Opinion Summary
In this case, the United States Magistrate Judge Sallie Kim denied an ex parte application by an exiled Cambodian political figure seeking discovery from Facebook under 28 U.S.C. 1782. The applicant aimed to obtain documents and a deposition from Facebook to support his defense in several defamation and criminal incitement cases in Cambodia. Despite Facebook's opposition, the court evaluated the application against the statutory requirements of Section 1782, determining that it failed to meet the necessary criteria. The court found the discovery requests overly broad and burdensome, lacking specificity, and ultimately irrelevant to the foreign tribunal proceedings. Additionally, the Stored Communications Act was cited, prohibiting the disclosure of user identities involved in 'liking' a Facebook page. The court considered the Intel factors, highlighting the burdensome nature of the request and the absence of evidence that the applicant attempted to circumvent Cambodian discovery restrictions. Although the court denied the current application, it left open the possibility for the applicant to submit a revised request within specified parameters, ensuring compliance with legal standards and safeguarding fairness under the rule of law.
Legal Issues Addressed
Discovery under 28 U.S.C. 1782subscribe to see similar legal issues
Application: The court denied the application for third-party discovery from Facebook under Section 1782, concluding that the statutory requirements were not met.
Reasoning: The court emphasized that for discovery under 28 U.S.C. 1782 to be granted, three criteria must be met: the discovery must be sought from someone within the court's jurisdiction, it must be for use in a foreign tribunal, and the application must be made by a foreign tribunal or an interested party.
Intel Factors for Discoverysubscribe to see similar legal issues
Application: The court considered the Intel factors, concluding that the applicant's request did not satisfy these criteria due to issues of burden and overbreadth.
Reasoning: The Court also considers the Intel factors, which provide discretion in granting or denying discovery requests under 1782.
Relevance and Burden in Discovery Requestssubscribe to see similar legal issues
Application: The court found the discovery requests overly broad and burdensome, failing to meet the relevance requirement for the foreign tribunal.
Reasoning: The Court finds the application overly broad and burdensome due to a lack of specificity regarding document timeframes.
Stored Communications Actsubscribe to see similar legal issues
Application: The court determined that the information sought by the applicant falls under the protection of the Stored Communications Act, prohibiting disclosure of user identities.
Reasoning: Seeking the identities of individuals who 'liked' Hun Sen's Facebook page involves obtaining the 'contents of a communication,' which the SCA prohibits.