Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 4 of 14 1 2 was attempting “to address content moderation challenges,” and that AWS appeared to be willing to cooperate in Parler’s efforts. Matze Decl., ¶¶ 6, 7 (asserting “AWS’s actions and 3 communications led Parler’s corporate officers to believe that, far from being concerned about 4 remaining in a contractual relationship with Parler, AWS wished to expand that contractual 5 relationship”). 6 On January 6, 2021, supporters of President Donald Trump, seeking to overturn the 7 results of the presidential election, marched on Congress, resulting in a violent and deadly riot at 8 9 the U.S. Capitol. See Doran Decl., Ex. F. On January 8, Twitter and Facebook banned President 10 Trump from their platforms. Compl., ¶ 18. Parler claims that in response to speculation that the 11 President would move to Parler, there was a mass exodus of users from Twitter to Parler and a 12 355% increase in installations of Parler’s app. Id., ¶¶ 2, 8. Parler also claims that the surge during 13 this time was responsible for its failure to deal with a backlog of some 26,000 posts that it 14 acknowledges “potentially encouraged violence” in violation of the AUP. See Rep. Br. at 4 15 (acknowledging “backlog of 26,000 instances of content that potentially encouraged violence”). 16 17 On January 9, 2021, AWS notified Parler that it intended to “suspend all services” as of 18 11:59 p.m. Sunday, January 10. Ex. 1 to Compl., January 9, 2021 email from AWS to Parler 19 (“It’s clear that Parler does not have an effective process to comply with the AWS terms of 20 service. . . . Given the unfortunate events that transpired this past week in Washington, D.C., 21 22 there is serious risk that this type of content will further incite violence. . . . Because Parler cannot comply with our terms of service and poses a very real risk to public safety, we plan to 23 24 25 suspend Parler’s account effective Sunday, January 10th, at 11:59PM PST.”). At some time during the night between January 10 and 11, AWS suspended its services and Parler went dark. 4