E.K.D. et al v. Facebook, Inc.

Filing 14

EXHIBIT by Facebook, Inc.. Exhibit to 12 Motion to Dismiss for Failure to State a Claim Declaration of Matthew D. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Brown, Matthew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
E.K.D., by her next friend Melissa K.
Dawes, and C.M.D., by his next friend
Jennifer E. DeYong, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

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No: 3:11-cv-00461-GPM-SCW
CLASS ACTION

DECLARATION OF MATTHEW D. BROWN IN SUPPORT OF
MOTION FOR MORE DEFINITE STATEMENT OR DISMISSAL OF PLAINTIFFS’
COMPLAINTAND MOTION FOR JUDICIAL NOTICE
I, Matthew D. Brown, hereby declare as follows:
1.

I am an attorney licensed to practice law in the State of California, and I am

admitted pro hac vice in the above-captioned matter before this Court. I am a partner with the
law firm of Cooley LLP, attorneys for Defendant Facebook, Inc. (“Facebook”) in this action. I
make this declaration in support of Facebook’s Motion for More Definite Statement or Dismissal
of Plaintiffs’ Complaint and its Motion for Judicial Notice. I have personal knowledge of the
facts stated in this declaration, and if called upon to testify, could and would competently testify
thereto.
2.

Attached hereto as Exhibit A is a true and correct copy of a screenshot from the

page of Facebook’s Help Center entitled, “What does it mean to ‘Like’ a piece of content that’s
been posted?,”
http://www.facebook.com/help/new/?faq=116118951805237#!/help/?faq=110920455663362

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(last visited Aug. 1, 2011). Facebook’s Help Center Page is available in full at
http://www.facebook.com/help (last visited Aug. 1, 2011).
3.

Attached as Exhibit B is a true and correct copy of a screenshot from the page of

Facebook’s Help Center entitled, “What are Facebook Ads?,”
http://www.facebook.com/help/?page=856#!/help/?faq=116118951805237 (last visited Aug. 1,
2011).
4.

Attached hereto as Exhibit C is a true and correct copy of a screenshot from the

page of Facebook’s Help Center entitled, “What are ‘Friends of connections’?,”
http://www.facebook.com/help/?faq=200463559997135 (last visited Aug. 1, 2011). Paragraph
18 of Plaintiffs’ Complaint duplicates substantial portions of two paragraphs from this Help
Center page. (Compl. ¶ 18.)
5.

Attached hereto as Exhibit D is a true and correct copy of a screenshot from the

page of Facebook’s Help Center entitled, “Why did I see my friend’s name or photo attached to
an ad?,” http://www.facebook.com/help/?faq=186543544726650 (last visited Aug. 1, 2011).
Paragraph 19 of Plaintiffs’ Complaint duplicates three sentences from this Help Center page.
(Compl. ¶ 19.)
6.

For the Court’s convenience, Facebook hereby attaches courtesy copies of the

following documents cited in its Motion for More Definite Statement or Dismissal of Plaintiffs’
Complaint:
7.

Attached hereto as Exhibit E is a true and correct copy of Gaos v. Google, Inc.,

No. C. 10-04809 JW, slip. op. (N.D. Cal. Apr. 7, 2011).
8.

Attached hereto as Exhibit F is a true and correct copy of Complaint, United

States v. Sony BMG Music Entm’t, No. 08-CV-10730-LAK (S.D.N.Y. Dec. 10, 2008).

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9.

Attached hereto as Exhibit G is a true and correct copy of S. 2326, 105th Cong.

10.

Attached hereto as Exhibit H is a true and correct copy of Testimony of the FTC

(1998).

before the Subcommittee on Consumer Protection, Product Safety, and Insurance, July 15, 2010.
11.

Attached hereto as Exhibit I is a true and correct copy of COPPA Frequently

Asked Questions, FTC, http://www.ftc.gov/privacy/coppafaqs.shtm (revised Oct. 7, 2008).
12.

Attached hereto as Exhibit J is a true and correct copy of S.A. Millar, Maine

Kids’ Privacy Law Conflicts With COPPA, Martindale Hubbell (Aug. 5, 2009).

I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 1, 2011, at San Francisco, California.

/s/ Matthew D. Brown
Matthew D. Brown

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Certificate of Service
I hereby certify that on August 1, 2011, I electronically filed the foregoing document with
the Clerk of Court using the CM/ECF system, which will send notifications of such filings to the
following:
Attorneys for Plaintiffs
Aaron M. Zigler
Steven A. Katz
KOREIN TILLERY
One U.S. Bank Plaza
505 North 7th Street, Suite 3600
St. Louis, MO 63101-1625
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Respectfully submitted,
/s/ Matthew D. Brown
Matthew D. Brown (admitted pro hac vice)
Jeffrey M. Gutkin (admitted pro hac vice)
COOLEY LLP
101 California Street, Fifth Floor
San Francisco, CA 94111-5800
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Charles Swartwout
BOYLE BRASHER LLC
5000 West Main Street
P.O. Box 23560
Belleville, IL 62223
Telephone: [phone]
[e-mail]
Attorneys for Defendant Facebook, Inc.

1229467/SF

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