DISTRICT OF COLUMBIA COURT OF APPEALS

IN RE: FACEBOOK, INC.,
APPELLANT,

Case Nos. 17-SS-388,
17-SS-389,
17-SS-390

v.
UNITED STATES OF AMERICA,
APPELLEE.
NOTICE TO POTENTIAL AMICI CURIAE
Notice is hereby given that any parties wishing to file briefs as amici curiae
in support of Appellant Facebook, Inc. (“Facebook”) in this otherwise sealed
matter shall do so on or before June 30, 2017. The following Abbreviated
Statement of Facts and Statement of Issues have been prepared by Facebook.
Appellee the United States of America may file its own proposed form of Notice to
Potential Amici Curiae at a future date.
FACEBOOK’S ABBREVIATED STATEMENT OF FACTS
This matter involves three search warrants (the “Warrants”) issued to
Facebook in connection with an investigation into potential felony charges. The
Warrants seek all contents of communications, identifying information, and other
records related to three Facebook accounts for a specified three-month period of
time. The Warrants are accompanied by a non-disclosure order issued by the
Superior Court pursuant to 18 U.S.C. § 2705 (the “NDO”) requiring that Facebook

 and its employees not disclose the existence of the Warrants to anyone before
Facebook produces documents and information to the government in response to
the Warrants. In light of the Warrants’ potential impact on the First Amendment
rights of its users, Facebook moved to vacate the NDO on the grounds that it did
not withstand strict scrutiny under the First Amendment. Because Facebook
believed that neither the government’s investigation nor its interest in Facebook
user information was secret, Facebook moved to vacate the NDO so that it could
provide its users with notice of the Warrants and an opportunity to object to them
before Facebook produced responsive records to the government. Facebook also
preserved records responsive to the Warrants pending the outcome of its litigation.
On April 3, 2017, the Superior Court denied Facebook’s motion (the “April
3rd Order”), directed Facebook to produce information responsive to the Warrants,
and amended the NDO so that it expires 30 days following the government’s
receipt of Facebook’s production. Facebook and the government subsequently
agreed to stay the April 3rd Order pending the resolution of this appeal.
FACEBOOK’S STATEMENT OF THE ISSUES
1.

Whether the NDO prohibiting Facebook from notifying the subjects

of the Warrants violates Facebook’s First Amendment rights where the events
underlying the government’s investigation are generally known to the public, and
Facebook has preserved all records responsive to the Warrants.

-2-

 2.

Whether the users affected by the Warrants are entitled to have notice

and an opportunity to contest the Warrants when their First Amendment right to
engage in anonymous political speech and association will be vitiated if Facebook
is required to produce the requested records.

-3-