Campbell et al v. Facebook Inc.

Filing 160

EXHIBITS re 149 Opposition/Response to Motion,,,,, filed byFacebook Inc.. (Attachments: # 1 Chorba Decl. - Exhibit Y, # 2 Chorba Decl. - Exhibit Z, # 3 Chorba Decl. - Exhibit AA, # 4 Chorba Decl. - Exhibit BB (Redacted), # 5 Chorba Decl. - Exhibit CC (Redacted), # 6 Chorba Decl. - Exhibit DD (Redacted), # 7 Chorba Decl. - Exhibit EE (Redacted), # 8 Chorba Decl. - Exhibit FF (filed under seal), # 9 Chorba Decl. - Exhibit GG (filed under seal), # 10 Chorba Decl. - Exhibit HH (filed under seal), # 11 Chorba Decl. - Exhibit II (Redacted), # 12 Chorba Decl. - Exhibit JJ (Redacted), # 13 Chorba Decl. - Exhibit KK (filed under seal), # 14 Chorba Decl. - Exhibit LL (filed under seal))(Related document(s) 149 ) (Chorba, Christopher) (Filed on 1/16/2016)

REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE FILED UNDER SEAL

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

OAKLAND DIVISION

4

__________________________

5

MATTHEW CAMPBELL,

)Case No.

6

MICHAEL HURLEY, and

)C 13-05996 PJH (MEJ)

7

DAVID SHADPOUR

)

8

Plaintiffs

)

9

vs.

)

10

FACEBOOK, INC.

)

11

Defendants

)

12

___________________________

13
14

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

15
16

Videotaped Deposition of Jennifer Golbeck

17

Washington, D.C.

18

December 16, 2015

19

9:03 a.m.

20
21

Reported by:

Bonnie L. Russo

22

Job No. 2196773

23
24
25

PAGES 1 - 357
Page 1
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1
2

you looking at or opining on?
A.

So I looked at two versions of this

3

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

4

had two Web sites -- and basically just said

5

the name of Equity Trust Company didn't appear

6

on those Web sites.

7

Q.

When you refer to the Internet

8

archive, is that the same as the Wayback

9

Machine?

10

A.

It is.

11

Q.

Okay.

12
13
14
15
16
17

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?

18

It's definitely not a complete archive of

19

everything that's out there, but the copies of

20

things that they do have are accurate.

21

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

22

totally outside the area of my expertise

23

legally, but I think -- my understanding is

24

that they actually have said that legally it

25

can be assumed as true that, if something was
Page 20
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

archived on March 1st, that that absolutely was

2

there on March 1st.

3

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

6

other -- are there any other expert reports or

7

testimony that you've ever given?

8

A.

No.

There are other cases that I've

9

been invited to participate in, especially

10

patent cases, but ones that I've declined.

11
12

Q.

Have you ever served as a

nontestifying consultant in a -- in a lawsuit?

13

A.

So those --

14

Q.

Other than the E. Stephanie and --

15

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

16

other one.

17

A.

Yeah.

18

Q.

Sherry's Dance Studio.

19

A.

-- I think --

20

Q.

Yeah.

21

A.

-- is what that was.

22
23
24
25

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
Page 21
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

A.

Yes.

2

Q.

Have you observed people with

3

differing degrees of knowledge -- and here I'm

4

talking about social network users -- regarding

5

sort of the collection and processing of their

6

data by the social network?

7
8

A.

Yeah.

There's vastly different

understandings.

9

Q.

Why do you think that is?

10

A.

It's really complicated, you know.

11

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

12

are trained in that space to -- to really

13

understand what's happening because its

14

relatively opaque.

15

I have been surprised at times on --

16

on what data is made available say to third

17

parties.

18

about that, right?

And I spend all my time learning

19

Q.

Uh-huh.

20

A.

That -- kind of how data gets out.

21

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

22

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

23

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

24

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

25

So, you know, it's complicated.

And

Page 93
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

then there's people with varying degrees of how

2

interested they are in tracking this down --

3

Q.

Uh-huh.

4

A.

-- right?

I think it's analogous to

5

like terms of service, right?

6

Most people don't.

7

that gives you a big difference in what you

8

understand.

9

Q.

I read them.

And, you know, that's --

Would you agree with me that some

10

people understand that, when they are

11

interacting with a -- with a Web site, that

12

there are various electronic processes

13

happening in order to render the site and, you

14

know, basically make the site run, some people

15

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

16

have a clue?

17
18

MR. RUDOLPH:
Vague.

19

Objection.

Form.

Compound.
THE WITNESS:

I think that's true,

20

that there's varying levels of understanding

21

that people have on how that works.

22
23

BY MR. JESSEN:
Q.

Have you observed differing degrees

24

of consent from users for collection and use of

25

their data?
Page 94
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

general is -- I find it's much more difficult

2

to use.

3

There are certainly more people with

4

public profiles on Facebook, but it's a lot

5

harder to find them in the way they can be

6

found on Twitter or Pinterest, for example.

7
8

Q.

11

So tell me briefly what the

thesis was of the -- of the TED talk.

9
10

Okay.

A.

Oh.

I've never thought of it that

Q.

Or maybe not -- "thesis" is the

way.

12

wrong word, but the -- the point you were

13

making.

14

A.

I think -- you know, talking about

15

what people know and what they don't, hardly

16

anyone who hasn't seen my TED talk knows that

17

these kind of person- -- private personal

18

attributes can be inferred about them from what

19

they're doing online.

20

And the purpose of the TED talk was

21

really to kind of explain the vary powerful

22

things that we can do with this technology and

23

get people thinking about the implications.

24
25

Q.

And one of the things, I think --

you know, forgive me if I'm getting this
Page 100
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

wrong -- but you discuss with homophily?

2

A.

Yes.

You got it right.

3

Q.

What is -- what -- you may have to

4

give the court reporter the spelling of that

5

one.

6
7

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

Yeah.

So homophily,

8

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

9

actually that basically birds of a father flock

10

together, that we tend to be friends with

11

people who share our traits more than people

12

randomly pulled from the general population

13

would share our traits.

14

So you're right; you're friends with

15

rich people.

16

friends tend to be poorly educated.

17

to race, sexual orientation, income, education,

18

kind of across the board.

19

If you're poorly educated, your
It applies

Not that all of your friends are

20

like that, but your traits are more common in

21

your friends than they are in the general

22

population.

23

Q.

And does this -- is this sort of --

24

is this the phenomenon that allows a researcher

25

like yourself to look at seemingly random data,
Page 101
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

like what kind of fries you like, and then make

2

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

3

badly -- but draw an inference about it based

4

upon attributes that you wouldn't think would

5

correlate with that?

6

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 --

10

Q.

Yeah.

11

A.

-- you know, I kind of hypothesize

12

that homophily was one of the things that play

13

there.

14

those algorithms --

Sometimes it's used very directly in

15

Q.

Uh-huh.

16

A.

-- where they're relying on that

17

basically as the entirety.

18

role in a lot of those algorithms, though

19

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

23

social network organize around that principle,

24

or does it emerge in social networks?

25

Q.

I guess more the latter.
Page 102
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

A.

I think it's true.

I mean the

2

principle says these are the kinds of people we

3

tend to choose as friends, right?

4

liberal, I will tend to choose other liberal

5

people as my friends.

6

If I'm a

And so, in that case, it can

7

influence how a social network forms.

8

find out some guy is a ranging racist, I may

9

unfriend him on Facebook, and that affects the

10

If I

network.

11

So that -- that could be a way

12

homophily is considered, its play in

13

influencing the structure of the network.

14

Q.

15

graph.

16
17

Earlier you talked about social

Remind me what you meant by that?
A.

Social graph is just a -- a term to

18

refer to people and their connections to one

19

another.

20
21
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
Page 103

Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

the mathematical perspective, it tends to be

2

represented in a graph structure, which is a

3

mathematical concept --

4

Q.

Okay.

5

A.

-- and to tease into their

6

connections to one another.

7

Q.

Uh-huh.

8

A.

Com- -- computationally, you could

9

store that in a relational database.

There's

10

also graph-based databases that -- that are

11

network-based instead of relational.

12

really depends on the implementation.

13
14
15
16
17

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

18

you know if there are other things that go into

19

their social graph?

20

A.

Well, I would just want to be

21

careful about terminology here, because

22

Facebook has a thing that they call "the social

23

graph" --

24

Q.

Right.

25

A.

-- which is different from the kind
Page 104
Veritext Legal Solutions
877-955-3855

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1
2
3
4
5
6
7

MR. JESSEN:

8

further questions at this time.

9

Okay.

I don't have any

I would renew my request for those

10

three e-mails between Dr. Golbeck and the

11

plaintiffs' counsel before she was engaged.

12
13

MR. RUDOLPH:

We're -- we're going

to have to get back to you on that.

14

MR. JESSEN:

15

MR. RUDOLPH:

16

to -- to look into it.

17

MR. JESSEN:

Okay.

And I'll just --

Haven't had have time

Even though I think

18

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

19

just reserve my right to bring you back if need

20

be.

21

THE WITNESS:

22

that we have left on the record.

23

fun.

24

MR. JESSEN:

25

THE WITNESS:

For the 15 seconds
That'd be

They might -I'll totally do 15
Page 355

Veritext Legal Solutions
877-955-3855