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)

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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

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