Campbell et al v. Facebook Inc.

Filing 148

Exhibits re 147 Administrative Motion to File Under Seal Documents in Support of Facebook's Opposition to Plaintiffs Motion for Class Certification filed by Facebook Inc.. (Attachments: # 1 Exhibit 9 (Unredacted), # 2 Exhibit 10 (Redacted), # 3 Exhibit 11 (Unredacted), # 4 Exhibit 12 (Redacted), # 5 Exhibit 13 (Unredacted), # 6 Exhibit 14 (Redacted), # 7 Exhibit 15 - Part 1 (Unredacted), # 8 Exhibit 15 - Part 2 (Unredacted), # 9 Exhibit 16 (Redacted), # 10 Exhibit 17 (Unredacted))(Chorba, Christopher) (Filed on 1/15/2016) Modified on 1/20/2016 (vlkS, COURT STAFF).

EXHIBIT 16
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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__________________________

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MATTHEW CAMPBELL,

)Case No.

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MICHAEL HURLEY, and

)C 13-05996 PJH (MEJ)

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DAVID SHADPOUR

)

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Plaintiffs

)

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vs.

)

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FACEBOOK, INC.

)

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Defendants

)

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___________________________

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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Videotaped Deposition of Jennifer Golbeck

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Washington, D.C.

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December 16, 2015

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9:03 a.m.

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Reported by:

Bonnie L. Russo

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Job No. 2196773

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you looking at or opining on?
A.

So I looked at two versions of this

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guy's -- the fraudulent guy's Web sites -- he

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had two Web sites -- and basically just said

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the name of Equity Trust Company didn't appear

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on those Web sites.

7

Q.

When you refer to the Internet

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archive, is that the same as the Wayback

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Machine?

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A.

It is.

11

Q.

Okay.

12
13
14
15
16
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Is that something you rely

upon in -- in your work?
A.

Pretty -- I use it pretty

frequently.
Q.

Is it pretty -- do you find it to be

fairly reliable?
A.

It's -- yeah, for what it is, right?

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It's definitely not a complete archive of

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everything that's out there, but the copies of

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things that they do have are accurate.

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And -- and I -- this is, again,

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totally outside the area of my expertise

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legally, but I think -- my understanding is

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that they actually have said that legally it

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can be assumed as true that, if something was
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archived on March 1st, that that absolutely was

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there on March 1st.

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in that way.

4

Q.

So it seems reliable to me

Other than the expert reports and

5

testimony we've talked about, is there any

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other -- are there any other expert reports or

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testimony that you've ever given?

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A.

No.

There are other cases that I've

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been invited to participate in, especially

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patent cases, but ones that I've declined.

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12

Q.

Have you ever served as a

nontestifying consultant in a -- in a lawsuit?

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A.

So those --

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Q.

Other than the E. Stephanie and --

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you'll have to remind me of the name of the

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other one.

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A.

Yeah.

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Q.

Sherry's Dance Studio.

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A.

-- I think --

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Q.

Yeah.

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A.

-- is what that was.

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24
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Sherry's Dance Studio, I --

Those I would count in there.

Other

than those, I don't -- I don't think so.
Q.

If you -- in the instances when

you've declined to work in a patent case, why
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A.

Yes.

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Q.

Have you observed people with

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differing degrees of knowledge -- and here I'm

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talking about social network users -- regarding

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sort of the collection and processing of their

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data by the social network?

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8

A.

Yeah.

There's vastly different

understandings.

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Q.

Why do you think that is?

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A.

It's really complicated, you know.

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It -- and I think it's hard even for people who

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are trained in that space to -- to really

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understand what's happening because its

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relatively opaque.

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I have been surprised at times on --

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on what data is made available say to third

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parties.

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about that, right?

And I spend all my time learning

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Q.

Uh-huh.

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A.

That -- kind of how data gets out.

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So I say in a lot of these talks, like if I

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didn't know, like literally no one on earth can

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be expected to know because it's my full-time

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job, and I'm one of the experts on it.

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So, you know, it's complicated.

And

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then there's people with varying degrees of how

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interested they are in tracking this down --

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Q.

Uh-huh.

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A.

-- right?

I think it's analogous to

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like terms of service, right?

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Most people don't.

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that gives you a big difference in what you

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understand.

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Q.

I read them.

And, you know, that's --

Would you agree with me that some

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people understand that, when they are

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interacting with a -- with a Web site, that

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there are various electronic processes

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happening in order to render the site and, you

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know, basically make the site run, some people

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are sort of aware of that, and others don't

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have a clue?

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MR. RUDOLPH:
Vague.

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Objection.

Form.

Compound.
THE WITNESS:

I think that's true,

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that there's varying levels of understanding

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that people have on how that works.

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BY MR. JESSEN:
Q.

Have you observed differing degrees

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of consent from users for collection and use of

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their data?
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general is -- I find it's much more difficult

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to use.

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There are certainly more people with

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public profiles on Facebook, but it's a lot

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harder to find them in the way they can be

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found on Twitter or Pinterest, for example.

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8

Q.

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So tell me briefly what the

thesis was of the -- of the TED talk.

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Okay.

A.

Oh.

I've never thought of it that

Q.

Or maybe not -- "thesis" is the

way.

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wrong word, but the -- the point you were

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making.

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A.

I think -- you know, talking about

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what people know and what they don't, hardly

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anyone who hasn't seen my TED talk knows that

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these kind of person- -- private personal

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attributes can be inferred about them from what

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they're doing online.

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And the purpose of the TED talk was

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really to kind of explain the vary powerful

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things that we can do with this technology and

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get people thinking about the implications.

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25

Q.

And one of the things, I think --

you know, forgive me if I'm getting this
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wrong -- but you discuss with homophily?

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A.

Yes.

You got it right.

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Q.

What is -- what -- you may have to

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give the court reporter the spelling of that

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one.

6
7

But what is -- what is that exactly?
A.

Yeah.

So homophily,

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H-O-M-O-P-H-I-L-Y, is a concept from sociology

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actually that basically birds of a father flock

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together, that we tend to be friends with

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people who share our traits more than people

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randomly pulled from the general population

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would share our traits.

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So you're right; you're friends with

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rich people.

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friends tend to be poorly educated.

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to race, sexual orientation, income, education,

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kind of across the board.

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If you're poorly educated, your
It applies

Not that all of your friends are

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like that, but your traits are more common in

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your friends than they are in the general

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population.

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Q.

And does this -- is this sort of --

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is this the phenomenon that allows a researcher

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like yourself to look at seemingly random data,
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like what kind of fries you like, and then make

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some sort of -- and I'm phrasing this really

3

badly -- but draw an inference about it based

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upon attributes that you wouldn't think would

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correlate with that?

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A.

Sometimes.

7

Q.

Not a good question.

8

A.

So in the curly fries example in the

9

talk, which you were just talking about --

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Q.

Yeah.

11

A.

-- you know, I kind of hypothesize

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that homophily was one of the things that play

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there.

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those algorithms --

Sometimes it's used very directly in

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Q.

Uh-huh.

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A.

-- where they're relying on that

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basically as the entirety.

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role in a lot of those algorithms, though

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sometimes it's much less explicit.

20
21
22

Q.

I think it plays a

Is homophily at all relevant to the

organization of social networks?
A.

In -- so are you asking could a

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social network organize around that principle,

24

or does it emerge in social networks?

25

Q.

I guess more the latter.
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A.

I think it's true.

I mean the

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principle says these are the kinds of people we

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tend to choose as friends, right?

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liberal, I will tend to choose other liberal

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people as my friends.

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If I'm a

And so, in that case, it can

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influence how a social network forms.

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find out some guy is a ranging racist, I may

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unfriend him on Facebook, and that affects the

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If I

network.

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So that -- that could be a way

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homophily is considered, its play in

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influencing the structure of the network.

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Q.

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graph.

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Earlier you talked about social

Remind me what you meant by that?
A.

Social graph is just a -- a term to

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refer to people and their connections to one

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another.

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22
23

Q.

And generally how is the data in a

social graph organized?
A.

Like from a computing perspective or

from a mathematical perspective?

24

Q.

I think a computing perspective.

25

A.

So there it really depends.

So from
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the mathematical perspective, it tends to be

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represented in a graph structure, which is a

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mathematical concept --

4

Q.

Okay.

5

A.

-- and to tease into their

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connections to one another.

7

Q.

Uh-huh.

8

A.

Com- -- computationally, you could

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store that in a relational database.

There's

10

also graph-based databases that -- that are

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network-based instead of relational.

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really depends on the implementation.

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14
15
16
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Q.

Uh-huh.

So it

Do you know if Facebook has

a social graph?
A.

I mean they certainly have people

connected to other people.
Q.

Uh-huh.

And is that something -- do

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you know if there are other things that go into

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their social graph?

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A.

Well, I would just want to be

21

careful about terminology here, because

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Facebook has a thing that they call "the social

23

graph" --

24

Q.

Right.

25

A.

-- which is different from the kind
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MR. JESSEN:

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further questions at this time.

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Okay.

I don't have any

I would renew my request for those

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three e-mails between Dr. Golbeck and the

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plaintiffs' counsel before she was engaged.

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MR. RUDOLPH:

We're -- we're going

to have to get back to you on that.

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MR. JESSEN:

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MR. RUDOLPH:

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to -- to look into it.

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MR. JESSEN:

Okay.

And I'll just --

Haven't had have time

Even though I think

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it's unlikely I would bring you back, I will

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just reserve my right to bring you back if need

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be.

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THE WITNESS:

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that we have left on the record.

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fun.

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MR. JESSEN:

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THE WITNESS:

For the 15 seconds
That'd be

They might -I'll totally do 15
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