Campbell et al v. Facebook Inc.

Filing 166

Administrative Motion to File Under Seal re Plaintiffs' Reply in Support of Class Certification filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service, # 3 Declaration of Melissa Gardner, # 4 Exhibit A (filed under seal), # 5 Exhibit B (redacted), # 6 Exhibit C (filed under seal), # 7 Exhibit D (redacted), # 8 Exhibit E (filed under seal), # 9 Exhibit F (redacted), # 10 Exhibit G (filed under seal), # 11 Exhibit H (redacted), # 12 Exhibit I (filed under seal), # 13 Exhibit J (redacted), # 14 Exhibit K (filed under seal), # 15 Exhibit L (filed under seal), # 16 Exhibit M (filed under seal), # 17 Exhibit N (filed under seal), # 18 Exhibit O (filed under seal), # 19 Exhibit P (filed under seal), # 20 Exhibit Q (filed under seal), # 21 Exhibit R (filed under seal), # 22 Exhibit S (filed under seal), # 23 Exhibit T (filed under seal), # 24 Exhibit U (filed under seal), # 25 Exhibit V (filed under seal), # 26 Exhibit W (filed under seal))(Gardner, Melissa) (Filed on 2/19/2016)

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

EXHIBIT 2

REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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5

MATTHEW CAMPBELL, MICHAEL HURLEY, )
and DAVID SHADPOUR,

)

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)
Plaintiffs,

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) Case No.
vs.

) C 13-05996 PJH

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)
FACEBOOK, INC.,

)

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)
Defendant.

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)

)

__________________________________)

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VIDEOTAPED DEPOSITION OF MATTHEW D. CAMPBELL

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San Francisco, California

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May 19, 2015

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Volume I

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Reported by:
CARLA SOARES

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CSR No. 5908

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Job No. 2067810

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Pages 1 - 294
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teleconference last week, when was the last time you

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spoke with any of your attorneys in that case?

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A

09:11:43

I've been in contact with Mr. Slade

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roughly once a month for the last -- well, since the

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suit was filed; more frequently than that over the

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last month or so as we've prepared for this and

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through discovery.

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9
10

Q
session.

Okay.

09:11:55

And let's focus on yesterday's prep

Approximately how long did that meeting

last?

09:12:15

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A

Five hours.

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Q

Did you discuss your deposition today with

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Somewhere in that ballpark.

anyone other than your attorneys and/or their staff?

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A

Not substantively, no.

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Q

Put aside substantively.

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Did you

09:12:33

discuss --

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Q

Okay.

Anybody else?

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A

No.

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Q

Did you review any documents in preparing

09:12:40

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for this deposition, either at the prep meeting last

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week or your meeting yesterday?

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A

Yes.

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Q

Did your review of any documents refresh

09:12:59
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A

I do.

10:41:10

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Q

What is it?

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A

These are the corrected objections and

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responses to the interrogatories that were directed

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to me.

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7

10:41:17
Q

And did you review these responses before

they were provided to Facebook?

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A

I did.

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Q

Did you make corrections?

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A

Nothing specific that I can think of.

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I

10:41:34

reviewed them and discussed with my attorneys.
Q

And did you take care to make sure the

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responses were accurate to the best of your

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recollection?

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A

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Yes.

Yes, I did.

I'm just trying to

10:41:48

think if there was anything beyond that.
Q

And, Mr. Campbell, if you could look at

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Interrogatory No. 1, and specifically your response

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which is found on page 3 of the document, I'll just

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read the second-to-last sentence.

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account" -- with Facebook -- "was established on

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January 7th, 2009."

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"Plaintiff's

10:42:10

Is that your best recollection as to when
you signed up for Facebook?
A

Yes.

10:42:21
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Q

I don't need to probe your international

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travel habits, fortunately, unless you're claiming

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to represent an international class.

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have another depo.

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12:02:15

Then we'll

So, Mr. Campbell, do you have an
understanding of what your duties and obligations
would be as a class representative in this case?

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A

Yes.

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Q

What are they?

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A

12:02:25

To act in the best interest of the class,

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observe my fiduciary duty to the rest of the class,

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work with counsel, again, in the best interest of

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the class as far as any decisions, any decisions on

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pleadings or the content of pleadings, et cetera.

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19
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Q

And what do you mean by "decisions on

pleadings"?
A

12:02:45

What role in that respect?

Reviewing the complaint before it was

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filed, reviewing interrogatory responses, providing

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12:03:07

documents to counsel for purposes of discovery.

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Q

Do you know what class you're seeking to

represent in this case?
A

To my understanding, it is the subset of

12:03:31
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identification and are attached hereto.)

16:48:10

BY MR. CHORBA:
Q

Mr. Campbell, the reporter has handed you

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two documents.

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Exhibits 9 and 10.

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We've marked them in sequence
12:07:56

Exhibit 9 is a document captioned "Class

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Action Complaint."

It's file-stamped at the top

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December 30, 2013.

I'll represent to you that's

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your original complaint against Facebook in this

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action.

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12:08:10
Exhibit 10 is filed April 25th, 2014,

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titled "Consolidated Amended Class Action

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Complaint."

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Let's start with Exhibit No. 9.

Do you

recognize this document?

12:08:30

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A

Yes.

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Q

Is this your original complaint against

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Facebook in this action?

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A

Yes.

20

Q

And you reviewed this document before it

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12:08:35

was filed?

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A

Yes.

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Q

Did you -- do you recall whether or not,

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yes or no, you made any changes to this before it

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was filed?

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A

That was a decision by one of the

12:17:18

attorneys involved or all of the attorneys involved.
Q

Did you review the initial disclosures

served on behalf of the plaintiffs in this case?

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A

Yes.

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Q

Did you review the supplemental initial

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12:17:30

disclosures?

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A

Yes.

9

Q

Did you review the responses served on

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your behalf to Facebook's interrogatories?

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A

Yes.

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Q

12:17:39

And did you review a set of corrected

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responses to Facebook's interrogatories?

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A

Yes.

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Q

How about the document requests, responses

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to the document requests?

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12:17:49

Did you review those

before they were filed?

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A

Yes.

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Q

Did you sign any of these documents?

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A

I don't recall one way or the other.

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Q

Do you remember reviewing all these

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12:18:03

responses for accuracy?

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A

Yes.

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Q

Did you make every effort to make sure

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they were correct?

12:18:12
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A

Partly.

I'm referring to any of the

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actions that qualify as a breach of my privacy.

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It's not necessarily limited to just the instances

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14:32:07

where the "Like" count increased.

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Q

Okay.

Then I'm confused.

What other

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breaches of your privacy other than the conduct I

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thought we were talking about, which is the

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14:32:19

transmission of a URL through a private message?

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A

That's distinct from the increased "Like"

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count.

I understood your previous question to be

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limiting my harms to only when the "Like" count

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increased.

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Q

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that precise.

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A

Okay.

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Q

Let me maybe restart.

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Fair enough.

14:32:33

I wasn't intending to be

14:32:42

I asked you if you've suffered any harm

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from your continued use of Facebook.

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because you understand that conduct had ceased.

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You said no

By "that conduct" in that response, you're

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referring to the transmission of the URL through a

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14:32:54

message?

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A

I'm referring to Facebook's interception

of a URL sent in the message, yes.
Q

An interception for the purpose of

14:33:11
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increasing the "Like" count on that page?
A

14:33:13

No, the interception itself is the breach

of privacy.
Q

And do you believe that Facebook is

continuing to intercept URLs through messages?
A

14:33:24

My understanding is that they are not, at

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least not in the -- my understanding is that they're

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not continuing the same behavior, which is why I've

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continued to use the messaging service.

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Q

What's the -- when you say "same

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behavior," I'm just trying to understand.

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14:33:38

the specific behavior you're talking about?

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A

What is

The interception -- the access of the

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content of the messages and the related interception

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of any URLs that are contained therein.

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18

Q

14:33:53

In a way that increases the "Like" count

of that URL?
A

No.

Again, that's a separate issue

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whether there's an increase.

I'm saying from the

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moment when I hit "Send," my understanding is that

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Facebook is no longer intercepting that URL in any

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form, regardless of whether Facebook is still going

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and increasing the "Like" count officially as a

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result.

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Q

We discussed earlier how -- and you

14:34:11

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before I hit "Send."

I assume that until I hit

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"Send," Facebook isn't doing anything with it.

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BY MR. CHORBA:

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Q

Not even rendering a URL preview?

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A

Obviously I don't assume that they don't

14:36:49

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do that since we've discussed it.

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14:37:00

I know that they

do that.

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Q

So they're doing something.

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A

Again, my understanding was that was just

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a function of the software.

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something that the user could choose to include or

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not include.

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Q

It was -- and it was

14:37:08

On what basis do you base your testimony

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that there were no more interceptions of messages

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containing URLs after October 2012?

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A

It's my understanding that's what Facebook

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Q

Where?

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A

14:37:21

I believe it was discussed in The Wall

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said.

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Street Journal article.

If not, it might have been

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information or assurances I received maybe from

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somebody else.

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Journal article.

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Facebook had already said, "We're not doing that

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anymore."

14:37:34

I assumed it was in The Wall Street
That was my understanding, is that

14:37:56
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Q

And by "doing that," do you mean just

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intercepting generally or incrementing the "Like"

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14:37:57

count through URLs shared over private message?

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A

Both.

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Q

Have you done anything to verify whether

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or not Facebook is continuing to engage in the

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14:38:13

conduct that you challenge in the complaint?

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MR. CARNEY:

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THE WITNESS:

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Object to form.
No.

I assume that -- no.

BY MR. CHORBA:

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Q

14:38:37

Mr. Campbell, do you have any information

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or any basis of any kind that Facebook has targeted

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an ad to you based on something that you put in a

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message on Facebook?

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A

That Facebook itself has targeted an ad to

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Q

Yes.

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A

Online ads or --

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Q

Any type of advertising.

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A

As I testified earlier, I don't see ads on

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14:38:51

me?

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pretty much any website.

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14:39:01

that.

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Q

So, no, I haven't seen

You mentioned that some websites, they

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sometimes sneak through.

In those instances -- I'm

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trying to figure out if you have any basis for

14:39:13
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the actual messages downloaded.

But if you could

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just look quickly at those pages, make sure I have

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the stack correctly.

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A

Yes.

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Q

And again, I know that we're carving out

14:42:43

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the Blue Hog Report page and

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are these all of the Facebook messages that you've

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14:42:55

sent, or are these just the ones containing URLs?

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10
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A

but

They appear to be just the ones containing

URLs.

14:43:13
Q

But again, that wasn't something you

culled from the full list; someone else did that?
A

Correct.

I provided all of them to

counsel.
Q

Is it your claim in this case that

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Facebook unlawfully scanned or intercepted all of

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14:43:26

these messages or just some?

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A

All of them that fall within the time

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frame up to the date where Facebook stopped scanning

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and intercepting the messages.

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Q

So that October 2012 time frame?

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A

Somewhere in there.

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Q

14:43:41

And do you know the information that's

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blocked out here or redacted?
MR. CARNEY:

Object to form.

14:43:59
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I, the undersigned, a Certified Shorthand

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Reporter of the State of California, do hereby

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certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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that any witnesses in the foregoing proceedings,

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prior to testifying, were administered an oath; that

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a record of the proceedings was made by me using

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machine shorthand which was thereafter transcribed

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under my direction; that the foregoing transcript is

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a true record of the testimony given.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a Federal

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Case, before completion of the proceedings, review

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of the transcript [X] was [ ] was not requested.

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I further certify I am neither financially

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interested in the action nor a relative or employee

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of any attorney or any party to this action.

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IN WITNESS WHEREOF, I have this date
subscribed my name.

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Dated: 05/29/2015

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<%signature%>

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CARLA SOARES
CSR No. 5908
Page 294
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866 299-5127