Campbell et al v. Facebook Inc.

Filing 179

Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted), # 4 Exhibit 4 (Redacted), # 5 Exhibit 5 (Redacted), # 6 Exhibit 6 (Redacted), # 7 Exhibit 7 (Redacted), # 8 Exhibit 8 (Unredacted), # 9 Exhibit 9 (Unredacted), # 10 Exhibit 10 (Redacted), # 11 Exhibit 11 (Redacted), # 12 Exhibit 12 (Redacted), # 13 Exhibit 13 (Redacted), # 14 Exhibit 14 (Redacted), # 15 Exhibit 15 (Redacted), # 16 Exhibit 16 (Redacted), # 17 Exhibit 17 (Redacted), # 18 Exhibit 18 (Redacted), # 19 Exhibit 19 (Unredacted), # 20 Exhibit 20 (Redacted), # 21 Exhibit 21 (Redacted), # 22 Exhibit 22 (Unredacted), # 23 Exhibit 23 (Redacted), # 24 Exhibit 24 (Redacted), # 25 Exhibit 25 (Unredacted))(Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

1
2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

3

OAKLAND DIVISION

4
5

MATTHEW CAMPBELL, MICHAEL HURLEY, )
and DAVID SHADPOUR,

)

6

)
Plaintiffs,

7

) Case No.
vs.

) C 13-05996 PJH

8

)
FACEBOOK, INC.,

)

9

)
Defendant.

10

)

)

__________________________________)

11
12
13
14
15
16

VIDEOTAPED DEPOSITION OF MATTHEW D. CAMPBELL

17

San Francisco, California

18

May 19, 2015

19

Volume I

20
21
22

Reported by:
CARLA SOARES

23

CSR No. 5908

24

Job No. 2067810

25

Pages 1 - 294
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anybody else?

2

A

Just with my wife.

3

Q

Just generally, what have you discussed

4

09:14:18

regarding this case with your wife?

5

A

The underlying basis of the suit and the

6

allegations against Facebook.

7

being in the lawsuit, I guess, was one of her first

8

questions.

9

09:14:32

it.

10
11
12

Q

And how I wound up

And that's more or less the extent of

And how did you end up being involved in

09:14:49

the lawsuit?
A

I had -- how did it work?

I had a

13

conversation with Mr. Slade.

14

underlying facts and asked if I would be interested

15

because -- first asked if I had any sort of messages

16

that would have had URLs and would have, you know,

17

kind of fallen into the subject matter.

18

when I said I had, he asked if I would be

19

interested.

20
21
22

Q

He mentioned the

09:15:09

And then

And did he reach out to you or did you

09:15:22

reach out to him?
A

We -- I honestly can't remember.

23

up in the course of a conversation.

24

It came

who broached it first.

25

Q

I'm not sure

Did you know Mr. Slade before this initial

09:15:40
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contact?

09:15:43

2

A

Yes.

3

Q

How did you know him?

4

A

Well, I've known him for probably three

5

years.

I can't recall exactly how I met him.

6

Q

7

or classmate?

8

A

Friend.

9

Q

Do you remember when you first met him?

10

A

About three years ago.

11

Q

What about the circumstances?

09:15:53

Was he a personal acquaintance or a friend

12

social function?

13

09:16:09
Was it a

some sort?

14

A

Was it a professional meeting of

I think we had a -- still have a mutual

15

friend, and that's how we sort of encountered one

16

another.

17
18

Q

09:16:20

And who is the mutual friend, if you

remember?

19

A

His name is

20

Q

Okay.

Can you just give me,

21

Mr. Campbell -- again, you've been through this

22

process before.

23

bit of your educational background.

24

school, where you went, when you graduated, college,

25

and I know you attended law school as well.

09:16:35

So I'd just like to get a little
Start with high

09:16:52
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Q

Not for the Facebook page that you set up?

2

A

Correct.

3

Q

And do you know who that 1 represents?

4

A

I have no idea.

5

Q

Do you know if there's any way to find

6

09:46:44

That's my understanding.

09:46:56

that out?

7

A

I have no idea.

8

Q

I think you mentioned you have a Facebook

9

page for the Pinnacle Law Firm.

10

A

Yes.

09:47:08

11

MR. CHORBA:

12

(Exhibit 2 was marked for identification

13
14

Let's mark this as Exhibit 2.

and is attached hereto.)
BY MR. CHORBA:

15

Q

Mr. Campbell, please take a moment to

16

review the document that the court reporter has

17

09:47:29

handed you which we've marked as Exhibit 2.

18

And I'll represent to you that this is a

19

copy of the Pinnacle Law Firm public-facing page

20

that we found on Facebook and printed about a week

21

ago.

22

let me know when you're ready.

09:47:42

Just take a moment to familiarize yourself and

23

A

Okay.

24

Q

Why do you have a Facebook page for the

25

Pinnacle Law Firm?

09:47:59
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A

For advertising purposes for the law firm.

2

Q

Who would you say is your audience for the

3
4
5

09:48:01

advertising?
A

Potentially any potential client in

Arkansas with access to Facebook.

6

Q

Anyone else?

7

A

Not that I can think of specifically, no.

8

Q

09:48:23

You mentioned -- and we don't have to turn

9

back to it, but I think one of the areas you

10

identified was assisting with appellate advocacy in

11

Arkansas.

12

A

Yes.

13

Q

09:48:40

Do you ever partner with counsel and

14
15
16
17
18
19
20
21

assist them with the appellate process?
A

I have to varying degrees two or three

09:48:51

times over the last couple of years.
Q

Do you consider co-counsel to be your

clients in those situations?
A

It depends on the arrangement between

myself and co-counsel.
Q

09:49:06

Would those potential co-counsel

22

relationships be another potential audience for your

23

Facebook page?

24
25

A

Possibly.

I've never -- never gotten a

co-counsel arrangement from somebody that I didn't

09:49:26
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know outside of Facebook.

2

Q

09:49:29

How about I guess direct client

3

relationships?

4

Facebook page?

5
6

A

Have any of those come out of your

Possibly.

I can't think of any one

09:49:48

specific.

7

Q

When you go through the client intake

8

process, do you ask your clients or prospective

9

clients how they heard of you?

10

A

Yes.

09:49:57

11

Q

As part of that, do you have a list of

12

questions, a sort of set checklist that you go

13

through, or is it more just ad hoc?

14

A

It's more ad hoc.

I'll ask that at some

15

point during the intake process.

16

information that I have a form for is identifying

17

information and contact information, potential

18

witnesses.

19

Q

But the only

09:50:08

As part of that intake process, do you ask

20

the specific question, "Did you see my Facebook

21

page?"

22

A

No.

23

Q

09:50:24

But you said it's possible that you've

24

obtained clients through the public-facing Facebook

25

page?

09:50:33
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2

A

No.

Two of my friends have administrator

10:09:54

access and help with the tech side of things.

3

Q

4

And who are those friends?

A
10:10:10

6
7
8
9

Q

And do

help you with the

running of the website?
A

does from time to time on the -- on

this kind of stuff, the layout and the tech side of

10

things.

11

Q

12
13

10:10:28
And did you ask them to add Facebook and

Twitter functionality to your website?
A

I don't know if I asked

or if he just

14

mentioned it and asked me if I wanted him to do it.

15

But at some point there was a conversation.

16
17

Q

10:10:44

And you approved of having this on the

website?

18

A

Yes.

19

Q

Why did you approve of having Facebook

20

social plug-in technology on your website?

21

A

I don't know that there was a particular

22

reason.

I just didn't see a reason not to include

23

10:11:02

it given that it was an option.

24

Q

Do you think it's beneficial to have it on

25

your website?

10:11:17
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A

Honestly, I don't know that I see any

2

benefit to this particular social plug-in.

3

there is some benefit to the website from Facebook,

4

10:11:25

but I don't think this plug-in is it.

5
6
7

Q

I think

What is the benefit to the website from

10:11:38

Facebook?
A

Generating traffic back to the website

8

from the actual Blue Hog Report Facebook page is the

9

primary benefit that I've seen.

10

Q

And how about if we turn to page 3, the

11

"Like" button.

12

10:11:54

And again, do you recognize this as

a specific article --

13

A

Yes.

14

Q

-- page?

15

So if we turn back to page 1, if we were

16

to click on one of those articles, it would bring up

17

a page that looks a little bit like 3.

18

the specific article here, but this would be the

19

10:12:03

general layout; is that correct?

Maybe not

20

A

Yes.

10:12:15

21

Q

If you notice at the top right it says,

22

"facebook.com/bluehogreport," and then

23

"@bluehogreport."

24
25

Is the second one the Twitter handle?
A

Yes.

10:12:27
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active use?

2

that category?

3

A

What types of uses are you including in

10:32:12

Posting anything, myself posting things to

4

my timeline, posting things to the Blue Hog page or

5

the Pinnacle Law Firm page, commenting on other

6

people's statuses or posts.

7

Q

Do you enjoy using Facebook?

8

A

I guess so, most of the time.

9

Q

And why?

10

A

It's entertaining at times.

10:32:27

11
12
13
14

It's

10:33:03

occasionally informative.
Q

You said "most of the time."

Is there a

time you don't enjoy using Facebook?
A

Just in those moments of, you know,

15

somebody's wrong on the Internet and it becomes

16

these inane Facebook arguments between friends.

17
18
19
20
21
22

Q

10:33:22

When did you first use the Facebook

Messenger product?
A

I have no idea beyond just right around

the same time that it was added to my account.
Q

10:33:49

And do you remember approximately when

that was?

23

A

No.

24

Q

And you've -- since filing this lawsuit in

25

No.

December 2013, have you continued to use Facebook?

10:34:11
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A

Yes.

2

Q

Why?

3

A

Are you asking about the Messenger product

4
5
6

10:34:14

specifically or Facebook broadly?
Q

Let's deal with each in sequence.

How

10:34:32

about Facebook more broadly?

7

A

Why have I continued to use that?

8

Q

Yes.

9

A

Because I had no reason to stop using it

10
11
12
13

simply based on filing the lawsuit.
Q

10:34:40

That's a reason I guess not to stop.

But

why did you continue to use it?
A

I suppose because it's the largest social

14

media site in the world, and most of the people I

15

know are on there.

16
17

Q

10:35:01

And how about Messages?

Have you

continued to use Messages since filing the suit?

18

A

Yes.

19

Q

At any point have you -- we talked about

20

the Blue Hog page and the Pinnacle page.

At any

21

point have you ever given access to your personal

22

Facebook account to anybody else?

23

A

No.

24

Q

10:35:19

As far as you know, has anyone ever sent

25

messages through your personal account on your

10:35:32
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private messenger function.

2

Q

3

that you had?

4

A

10:48:31

5

And what was the source of the information

There was a conversation with David Slade.
MR. CARNEY:

I'd caution you here not to

6

discuss the actual language you and Mr. Slade used

7

10:48:46

in any discussions you had.

8

THE WITNESS:

9

MR. CHORBA:

Are you objecting, Counsel?

10

MR. CARNEY:

Yes.

11

MR. CHORBA:

On what basis?

12

MR. CARNEY:

No, I'm not objecting.

13

10:48:57

I'm

just --

14

Okay.

BY MR. CHORBA:

15

Q

You can answer, Mr. Campbell.

10:49:01

16

A

There was a conversation with Mr. Slade in

17

reference to a 2013 Wall Street Journal article that

18

discussed the practice of scanning the private

19

messages.

20
21

Q

And when was this conversation with

10:49:19

Mr. Slade?

22

A

Sometime late 2013, after The Wall Street

23

Journal article came out but before the lawsuit was

24

filed.

25

Q

And how did you speak with Mr. Slade?

Was

10:49:33
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it phone call, in person, or through some other

2

means?

3
4
5
6

A

10:49:35

I believe it was a combination of Facebook

message and also a phone call.
Q

How did -- did Mr. Slade contact you or

10:49:49

did you contact him?

7

A

8

recall.

9

Q

I don't recall.

I think -- I don't

Did you know about the 2013 Wall Street

10

Journal article that you referenced before speaking

11

with Mr. Slade?

12

A

I believe I did.

13

Q

10:50:01

And how did you come to be aware of that

14
15
16

article?
A

I think I saw that someone had posted it

10:50:24

on Facebook.

17

Q

One of your friends?

18

A

I couldn't tell you.

19

Someone who showed

up in my news feed in some form or another.

20

Q

You don't remember who it was?

21

A

No.

22

Q

Do you remember if it was at the time the

23
24
25

10:50:35

article was published or was it sometime after?
A

I couldn't tell you.

I mean, by

definition it was sometime after the article had

10:50:51
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(Recess, 11:03 a.m. - 11:10 a.m.)

2

THE VIDEO OPERATOR:

11:03:02

We are back on the

3

record at 11:10 a.m.

4

Volume I, Media No. 2, of the deposition of Matthew

5

Campbell.

6

BY MR. CHORBA:

7

Q

8
9
10

This marks the beginning of

Please continue.

11:10:07

Welcome back, Mr. Campbell.
I should have asked this earlier, but you

understand that when we take breaks, you're still
under oath when you return?

11

A

Yes.

12

Q

Okay.

11:10:14

Turning back to Exhibit No. 6, we

13

were talking about the phrase "scanning of private

14

messages in the manner alleged in the complaint."

15

Are there any practices that you

16

challenge, as far as you know, that are not alleged

17

11:10:31

in the complaint?

18

A

No.

19

Q

So you noted earlier you'd need to have a

20

copy of the complaint.

If we consulted the

21

complaint and we consulted this response, it would

22

be complete, there's nothing else that wouldn't be

23

identified, either there or here?

24

A

Correct.

25

Q

Did you ever contemplate bringing a

11:10:45

11:10:56
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lawsuit against Facebook before speaking to

2

Mr. Slade?

3
4
5

A

11:11:06

No.

(Question not answered per instruction of counsel:)
Q

At the time you spoke with Mr. Slade, did

6

he tell you that he was filing a lawsuit against

7

11:11:17

Facebook?

8
9

MR. CARNEY:

Object to form.

attorney-client privilege.

It calls for

I'm going to instruct

10

the deponent not to answer that question.

11

BY MR. CHORBA:

12
13

Q

11:11:31

Are you going to follow your counsel's

instruction, Mr. Campbell?

14

A

Yes.

15

Q

At the time you spoke with Mr. Slade, did

16
17

11:11:41

he ask you to serve as a plaintiff in this lawsuit?
A

I don't know that he asked me.

I wouldn't

18

go so far as to say that he asked me to be a

19

plaintiff.

20

Q

Did you volunteer to serve as a plaintiff?

21

A

After discussion with him, yes.

22

Q

At any point in time during these

23

discussions with Mr. Slade in or about October or

24

November of 2013, was there discussion of a

25

potential monetary recovery from any lawsuit, yes or

11:12:04

11:12:22
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privilege log, dated October 30, 2013?

2

A

I believe so, yes.

3

Q

11:16:37

Again, the statement in this letter

4

dated -- or marked as Exhibit 6 is accurate?

5

A

Yes.

11:16:52

6

Q

So it's true you first learned of the

7

facts concerning Facebook's scanning of private

8

messages in the manner alleged in the complaint

9

through this private message from Mr. Slade on

10

October 30, 2013?

11:17:03

11

A

Yes.

12

Q

Mr. Campbell, when you made the decision

13

to join or serve as a plaintiff in this lawsuit

14

against Facebook, were you aware of similar class

15

action lawsuits pending against Google and Yahoo!

16

regarding the alleged scanning of email messages?

17

A

No.

18

Q

11:17:20

Have you since become aware of those

19

lawsuits?

20
21
22
23
24
25

A

Only in the broadest sense that they

Q

11:17:31

What do you know about those other

exist.

lawsuits?
A

Literally just what you just said, that

there are lawsuits regarding emails.

11:17:42
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2
3

point or another, I ran into him in person.
Q

11:20:19

And who is your friend that works at the

law school?

4

A

5

Q

And which law school is this?

6

A

University of Arkansas Little Rock.

7

Q

And had you had other meetings with

11:20:27

8

Mr. Slade before October 30, 2013, or was it just

9

one meeting in person before then?

10

encounter?

11

Or one

meeting, necessarily.

12
13

A

You mentioned an encounter, not a

11:20:52

I've run into him in a social setting

multiple times.

14

Q

Do you consider him one of your friends?

15

A

Yes.

16

Q

Had he ever represented you before?

17

A

No.

18

Q

And was it during this post October 30,

11:21:02

19

2013, meeting, you know, a week give or take four

20

days after, was that when you decided to retain

21

Mr. Slade to represent you in your case against

22

Facebook?

23

A

11:21:16

I believe it was actually over a telephone

24

call that I sort of made the final decision.

I

25

think by the time we met in person, that had already

11:21:38
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2
3

kind of been more or less established.
Q

11:21:40

And this was a phone call after the

initial private message?

4

A

Yes.

5

Q

Did you ever consider using attorneys

6

other than Mr. Slade or his firm to bring this

7

11:21:49

lawsuit?

8

A

No.

9

Q

Why not?

10

A

Because I knew David and I trusted his

11
12

11:21:59

understanding of the subject matter.
Q

And at the time I guess you first met with

13

David through your mutual contact,

14

what did you know to be David's practice area?

15

Mr. Slade's practice area?

16

A

Excuse me.

11:22:26

Other than knowing the firm that he worked

17

at, I didn't -- I hadn't actually talked to him

18

about his practice area.

19

in practice a few years, and our interactions had

20

been social, not work-related.

He only -- he's only been

21

Q

And when did he graduate, do you know?

22

A

I don't know.

23

Q

But recently, within the last ten years?

24

A

Oh, yeah.

25

Q

Did he graduate after you graduated from

11:22:48

Definitely.
11:22:57
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(Recess, 11:24 a.m. - 11:34 a.m.)

2

THE VIDEO OPERATOR:

3

The time is 11:34.

4

11:24:56

Back on the record.

Please continue.

MR. CARNEY:

Counsel, we've had the

5

opportunity to confer, and without certainly waiving

6

any attorney-client privilege rights we have, I'm

7

going to instruct my client to answer your last

8

question.

9
10

MR. CHORBA:

12
13

Do you need me to repeat the

last question?

11

11:34:12

11:34:27

MR. CARNEY:

Could you do that?

Yeah.

BY MR. CHORBA:
Q

I believe I asked you, Mr. Campbell,

14

whether it was fair to say Mr. Slade identified and

15

picked you as opposed to you selecting Mr. Slade to

16

bring this action.

17

why is that not accurate?

18

You answered no.

I asked you,

Can you answer that question now?

19

A

Yes.

20

Q

And that was after your discussions with

21

11:34:36

I volunteered to be the plaintiff.
11:34:52

Mr. Slade?

22

A

Yes.

23

Q

And you had not reached out to Mr. Slade

24

about bringing an action against Facebook before he

25

contacted you?

11:35:06
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A

Correct.

2

Q

So why is it -- why is my characterization

3

that he picked you, you didn't pick him, inaccurate?

4
5

11:35:06

A

Because he didn't contact me to ask me to

be the plaintiff.

6

Q

7

11:35:25

Why did he contact you?
Let me ask it in yes or no form.

Did he

8

contact you because he was contemplating a lawsuit

9

against Facebook, yes or no?

10
11

A

I can't speak to what he was

11:35:52

contemplating.

12

Q

Do you know why he contacted you?

13

A

Yes.

14

Q

And why did he contact you?

15

A

He contacted me as a fellow attorney, just

16

sort of -- just sort of discussing broadly the

17

11:36:06

facts.

18
19

Q

Had he ever contacted you before regarding

potential litigation?

20

A

No.

11:36:25

21

Q

And when in this sequence did you

22

volunteer to serve as a plaintiff?

We mentioned --

23

by "this sequence," I mean you have the initial

24

message by Mr. Slade, October 30.

25

meeting, I guess, three to 11 days after that.

There's the
11:36:49
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2
3

When in that sequence did you volunteer to

11:36:54

become a plaintiff?
A

I believe -- I can't say for certain.

4

believe I tossed out the idea in the message and

5

then confirmed it to him in the telephone

6

conversation.

7

Q

I

11:37:09

That's my memory of it.

And when you say you tossed out the idea

8

in the message, was that in your response to

9

Mr. Slade's Facebook message to you on October 30,

10
11
12
13

or was it at a later date?
A

Oh, no.

11:37:28

I see what your question is.

It

would have been in that October 30 exchange.
Q

So is that -- as far as you know, is that

14

the second entry on the privilege log marked as

15

Exhibit 7?

16

Matt Campbell, Recipient, David Slade."

It states, "October 30, 2013, Author,

17

A

I suppose it would have to be.

18

Q

11:37:42

So the sequence, Mr. Slade writes to you,

19

you then respond and volunteer to serve as a

20

plaintiff?

21

A

11:38:04
Again, I'm working from memory.

It's

22

possible that that message a few days later on 11-3

23

was where I volunteered.

24

whether it was my immediate response on 10-30 or the

25

one a few days later.

I can't say for certain

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all decisions.

2

allegations that are made in the complaint.

3

provided hundreds of pages of documents in

4

discovery.

5

locate those documents with Mr. Slade and my other

6

attorneys.

7

I've had input into the factual

12:14:25

I've

I've walked through the search for -- to
12:14:47

At every step along the way, I've had --

8

I've been kept in the loop on communication and had

9

some input.

10

Q

Was there any -- ever any point in time,

11

yes or no, where your attorneys wanted to either

12

assert a claim or take a certain position and you

13

12:15:06

rejected that proposal, yes or no?

14

A

No.

15

Q

Were there ever any strategic decisions

16

where you disagreed, yes or no, with their proposed

17

12:15:26

course of action?

18
19
20
21

A

No.

I've deferred to them for all legal

strategy.
Q

You mentioned local counsel.

Is that

12:15:42

Mr. Carney's firm?

22

A

Yeah.

They've been my point of contact.

23

Q

Local counsel kind of has a special

24

connotation with lawyers, as I'm sure you

25

understand.

They're counsel of record in this case?

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A

Right.

2

Q

I just wanted to clarify.

3

A

I spoke inarticulately there.

4

Q

You meant they were local to you?

5

A

Right.

6

Q

Got it.

7
8

I --

12:15:56

I'm sorry.

12:16:05

Have you served, or on your behalf, have
discovery requests been served on Facebook?

9

A

To my knowledge, yes.

10

Q

Do you know what types of requests?

11

A

I do not.

12

Q

Interrogatories?

13
14
15

12:16:23

Do you know whether

there have been interrogatories served?
A

I don't know.

That's something that I've

deferred to the attorneys.

16

Q

How about document requests?

17

A

I don't know.

18

Q

12:16:36

Did you participate in any way in the

19

drafting of discovery requests directed to Facebook?

20

A

No.

21

Q

But you provided discovery responses in

22

I'm not the attorney in this case.

12:16:58

this case, correct?

23

A

Yes.

24

Q

Whose decision was it to bring this case

25

as a class action?

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2
3
4

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?

5

A

Yes.

6

Q

Did you review the supplemental initial

7

12:17:30

disclosures?

8

A

Yes.

9

Q

Did you review the responses served on

10

your behalf to Facebook's interrogatories?

11

A

Yes.

12

Q

12:17:39

And did you review a set of corrected

13

responses to Facebook's interrogatories?

14

A

Yes.

15

Q

How about the document requests, responses

16

to the document requests?

17

12:17:49

Did you review those

before they were filed?

18

A

Yes.

19

Q

Did you sign any of these documents?

20

A

I don't recall one way or the other.

21

Q

Do you remember reviewing all these

22

12:18:03

responses for accuracy?

23

A

Yes.

24

Q

Did you make every effort to make sure

25

they were correct?

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or icon?

13:44:08

2

A

Yeah, that's a fair description.

3

Q

And when you've sent messages, you've seen

4

that URL preview?

5

A

Yes, I've seen it.

6

Q

Have you seen it every time you've

7
8
9
10

13:44:17

included a URL or just sometimes?
A

I don't recall.

I don't know that I've

seen it every time.
Q

And how would you determine whether or not

11

you've seen it every time?

12

13:44:28

you've seen it every time?

13

A

Could you determine if

Retroactively, probably not.

I know that

14

it wasn't a feature, to my recollection, when the

15

private messaging was first introduced.

16

along later.

That came

17

Q

Do you remember when?

18

A

No.

19

Q

13:44:46

Do you understand that Facebook has copies

20

of messages that its users send and that are stored

21

on its servers?

22

A

13:44:55

Again, I can't say that I know that

23

they're stored on Facebook's servers.

I understand

24

that they have copies based on my ability to

25

download these through this litigation.

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that yield a larger universe than the universe you

2

ultimately produced?

3

MR. CARNEY:

4

THE WITNESS:

13:48:42

Object to form.
I produced 100 percent of

5

what I downloaded and searched -- 100 percent of

6

what I had I produced to counsel.

7

BY MR. CHORBA:

8
9
10

Q

13:48:52

And when you downloaded, did you download

messages -- only messages that contained URLs or did
you just download everything?

13:49:05

11

A

I downloaded everything.

12

Q

And do you understand that what was

13

produced was only those messages that contained

14

URLs?

15

A

That seems to be what is represented, yes.

16

Q

And do you know why it was limited in that

17

13:49:18

fashion?

18

MR. CARNEY:

Object to form to the extent

19

it involved discussions you had with counsel.

20

I'm instructing you not to answer.

21

BY MR. CHORBA:

22
23

Q

I asked a yes or no.

And
13:49:29

Do you know why it

was limited in that manner, yes or no?

24

A

Yes.

25

Q

And why was that?

Can you answer that

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2
3

without consulting with your attorney?
A
decision.

I can -- no, I can't.

13:49:41

That was a legal

I deferred to them on that.

4

Q

That was not your decision?

5

A

No.

I've deferred the actual legal

6

matters in this case to the attorneys who are

7

13:50:01

handling it.

8
9
10
11
12

Q

Mr. Campbell, what is your understanding

of how the Facebook "Like" social plug-in works?
A

Beyond what I testified to earlier, I

13:50:16

don't know that I have additional understanding.
Q

In this lawsuit, do you object to the,

13

quote, scanning, end quote, of Facebook messages to

14

increase the "Like" count?

15

A

Yes.

13:50:35

16

Q

And do you object in this lawsuit to the,

17

quote, scanning of Facebook messages for the

18

purposes of developing user profiles to support and

19

deliver targeted advertising?

20

A

Yes.

21

Q

Do you object to the, quote, scanning, end

22

13:50:49

quote, of Facebook messages for any purpose?

23

A

Yes.

24

Q

Are there any exceptions to that?

25

A

With respect to my messages, none that I

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can think of.

2

Q

3
4

13:51:08

What about scanning messages in order to

deliver them to the intended recipients?
A

Scanning the content of the message to

5

deliver it to the intended recipient, yes, I would

6

object to that.

7
8

Q

13:51:25

What about scanning messages to filter

messages?

9

MR. CARNEY:

Object to form.

10

You can answer.

11

THE WITNESS:

12

Can you be more specific in

terms of -- filter how?

13

13:51:37

BY MR. CHORBA:

14
15

Q

What about scanning messages to store the

messages?

13:51:47

16

MR. CARNEY:

Object to form.

17

You can answer.

18

THE WITNESS:

I -- yes, I would object.

I

19

don't see a purpose, why the content would need to

20

be scanned for storage purposes.

21

BY MR. CHORBA:

22

Q

Let's carve out scanning the content.

23

purpose.

25

actual content of the message?

I'm

not asking about scanning -- scanning for any

24

13:51:58

Is your objection limited to scanning the
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A

I can't --

13:52:14

2

MR. CARNEY:

Object to form.

3

You can answer.

4

THE WITNESS:

I can't see what other --

5

I'm wondering if we're using different meanings for

6

"scanning" here.

7

BY MR. CHORBA:

8
9
10
11

Q

Why don't you explain what you mean by

"scanning."

It's a term you've used earlier and in

your responses, so I'm trying to understand that.
A

13:52:24

13:52:32

I mean specifically looking at and

12

extracting information from the content of the

13

message itself.

14

it's addressed to as scanning.

15
16
17

Q

Okay.

I don't consider looking at who

So identifying the actual recipient

13:52:49

you wouldn't consider content?
A

Correct.

I would -- that would be the

18

same as -- I look at that as the same as addressing

19

a letter to somebody.

20

without having any idea what's inside the envelope.

21
22

Q

Okay.

13:53:06

And how about the -- I guess the

date of the message?

23

MR. CARNEY:

24

THE WITNESS:

25

You can see who it's going to

Object to form.
To the extent that that's

separate from the content of the message, then I

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wouldn't object to that.

2

the date on a postmark.

3

BY MR. CHORBA:

4

Q

I'd say that's similar to

13:53:29

So when you refer to scanning, you're

5

talking exclusively about the content, and by

6

"content," you mean what's in the actual message,

7

the body of the message itself?

8

A

Yes.

9

Q

Does that include URLs?

10

A

Yes.

11

Q

13:53:39

Does that include URLs to generate URL

12
13

13:53:51

previews?
A

To the extent that it requires more than

14

just sort of an automatic -- more than an automatic

15

function of the software, yes.

16

Q

13:54:13

What do you mean by "automatic function of

17

the software"?

18

understand.

19

A

I just want to make sure I

This is sort of getting above my pay grade

20

in terms of technology, but if that's a function

21

that is just coded into the software and it happens

22

automatically and that information goes no further

23

than to create that preview, which I can then choose

24

to remove, I see that as -- I would not object to it

25

in that situation.

Anything beyond that, yes.

13:54:25

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Q

What about checking to make sure a URL is

2

a valid URL and not, for example, a URL that

3

redirects to a malicious website?

4

scanning necessary to ensure that it's not

5

redirecting to a malicious website, do you have an

6

13:54:46

objection to that?

7

A

If they're

13:55:01

On some level, yes, to the extent it gets

8

into any sort of content or any use of the

9

information contained therein.

10
11

Q

What if the information is used solely to

13:55:22

protect the integrity of the site?

12

A

To protect the integrity of Facebook's

14

Q

Yes.

15

A

I suppose I need a more concrete example

13

16
17

site?

13:55:39

before I can answer that.
Q

Okay.

Let's say hypothetically it

18

redirects to a site that then downloads malware,

19

either into Facebook itself or into the user's

20

computer.

21
22
23
24
25

13:55:52
Would that be an example of scanning the

content of a message to which you would object?
A

Would it even be possible for a site to

download malware into Facebook's site?
Q

Let's say -- let's put Facebook's site

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aside.

2

site -- assume for the moment that it is possible --

3

would you have an objection to that?

4
5

If it's to protect the integrity of the

A

13:56:07

I would, because there are other ways that

Facebook could protect itself from such malware.

6

Q

How would that be?

7

A

13:56:23

They could block the installation directly

8

instead of preventing the sending of a message.

9

They could protect themselves on the back end.

10

Q

And how about scanning, as you defined it,

11

the URL to make sure it's not redirecting to a

12

malicious website that would then be used to

13

download malware to the individual user's computer?

14

13:56:42

Would you have an objection to that?

15

A

I would, because to my understanding,

16

Facebook would not be liable for what happened to

17

that other user's computer.

18

Facebook is scanning to prevent that to be a little

19

disingenuous.

20

Q

13:57:06

So I find the idea that

So your objections hinge on whether or not

21

Facebook would be legally liable to its users and

22

13:57:19

not whether it's designed to protect its users?

23

MR. CARNEY:

Object to form.

24

You can answer.

25

THE WITNESS:

Only in the specific

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previous example that you gave.

2

BY MR. CHORBA:

3

Q

13:57:31

What about scanning of the content of

4

messages, again as you've defined, and in

5

particular, the URLs that are on lists maintained by

6

law enforcement as known child pornography sites?

7

A

13:57:41

I would still object to that to the extent

8

that it got into -- if it went beyond just blocking

9

that outright.

10

If it was something where a person could

13:58:10

11

not even send it so that it wasn't actually scanning

12

content, that would be one thing.

13

well, you can send, but we're going to keep an eye

14

on it and then do something with that information,

15

you again get back into the content and the

16

expectation of privacy.

17

Q

I think saying,

Do you know of a way for -- yes or no:

18

Do

you know of a way for a company to just block that

19

13:58:20

without scanning, in your terms, the actual URL?

20
21
22
23
24
25

A

No.

That's something that's outside my

13:58:38

area of knowledge.
Q

Do you object to, in general, scanning of

messages to detect criminal conduct?
A

Yes.

I don't think Facebook's role --

that's Facebook's role.

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2

Q

What about scanning messages to render the

13:59:00

message in the appropriate language?

3

MR. CARNEY:

Object to form.

4

You can answer.

5

THE WITNESS:

That's getting a little more

6

technical than I'm completely familiar with.

7

again, if it requires actual access of the content

8

rather than just sort of an automatic translation,

9

13:59:21

then yes, I would object.

10
11

But

BY MR. CHORBA:
Q

13:59:37

And do you have any objection to

12

Facebook -- let's put scanning aside for a moment --

13

processing messages to render them in the

14

appropriate language?

15

A

Can you define "processing"?

16

Q

Processing in a way so that it makes sure

17

that if you're sending it to someone, it will

18

13:59:47

actually display in the user's language.

19
20
21

A

Isn't that basically the previous

question?
Q

14:00:03
I'm distinguishing your use of "scanning"

22

versus -- I'm using a more generic term,

23

"processing."

24

available to the user.

25

In other words, rendering, making it

Let's put scanning -- we've asked a bunch

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of questions using your definition of "scanning,"

2

which you've related to content.

3

now just general processing, delivering, you know,

4

rendering in a way that's usable to the recipient.

5

7

A

14:00:32

As long as that process was separate from

the content, no, if it was an automatic process.

8
9

Let's distinguish

Do you have any objection to that?

6

14:00:16

Q

So it depends on whether it's an automatic

process?

10

A

It depends on whether the process is

11

separate from -- it depends on whether the

12

content -- strike that.

13

14:00:40

in my head.

14

Let me think this through

To a certain extent, yes.

It depends on

15

whether it's automatic.

16

the content rather than just an automatic function

17

of the software, I think those are two distinct

18

situations.

19

Q

If it requires access to

14:00:55

What if the automatic function of the

20

software necessarily involves -- it's not a person

21

at a computer reading the content but it necessarily

22

involves processing of the content.

23

render the URL preview.

24

that?

25

A

14:01:05

For example, to

Do you have an objection to

As I said earlier, as long as it's an

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automatic function of the software, I see that as

2

distinct from the scanning that we're discussing.

3

Q

14:01:29

Did you at any point contact Facebook

4

before filing this lawsuit to see if you could

5

resolve the matter without litigation?

6

A

No.

7

Q

Why not?

8

A

It never crossed my mind.

9

Q

14:01:49

Have you ever contacted Facebook to

10

discuss any of its practices?

14:01:59

11

A

No.

12

Q

You've never written to the help center,

13

called a phone number, anything like that?

14

A

No.

15

Q

Going back to the Blue Hog website and

16

Facebook page, have you ever used the Domain

17

Insights service provided by Facebook to review the

18

14:02:11

activity on the Blue Hog Facebook page?

19
20
21
22
23

A

If that -- I don't know that I'm sure

specifically what you're talking about.
Q

14:02:36

Have you ever heard of the Domain Insights

service?
A

Not phrased that way.

I know there are

24

some analytic tools available on one of the tabs of

25

Blue Hog Report's Facebook page.

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for its own benefit."

2

14:23:28

What do you mean when you allege here

3

that, "Facebook treated the content of plaintiffs'

4

private messages as an endorsement of the website"?

5

A

Facebook used the mere fact that -- for

6

example, I sent a message that had a URL.

7

generated "Likes" from that, and regardless of

8

whether either I or the recipient had any intention

9

14:23:41

They then

of liking the page, did like the page, liked it but

10

chose not to -- they used that message to create the

11

impression that two additional people had liked that

12

page regardless of whether either of those people

13

had that intent.

14

Q

14:24:00

Is it your understanding that the

15

anonymous "Like" count number merely went up, or is

16

it your contention or your allegation that your name

17

was associated with the increased "Like" count on

18

the website?

19

A

14:24:15

I can't say for sure how Facebook stored

20

it -- I don't -- how Facebook treated that

21

information.

22

Q

14:24:33

Did you ever see a situation in which you

23

shared a URL through a message, the "Like" count was

24

increased, and that was somehow attributed to you,

25

you specifically?

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2
3
4

A

Me specifically, no, I cannot say that I

14:24:53

saw that.
Q

Mr. Campbell, have you been harmed by the

conduct that you're challenging in this action?

5

A

Yes.

14:25:06

6

Q

How so?

7

A

My privacy was breached, and my speech was

8

corrupted in that Facebook -- Facebook created

9

"Likes" for a page irrespective of whether that was

10
11
12
13

something that I would like.
Q

14:25:26

You said your speech was corrupted.

What

do you mean, your speech?
A

That's what I just explained.

Just as I

14

have a right to choose to go like a page, I also

15

have the right to not like the page, even if it's

16

something that I love.

17

Facebook went ahead and created a "Like" as if I had

18

liked it based on the mere fact that I discussed it

19

with someone.

20

Q

21
22

14:25:41

And by doing it this way,

When you say "in this way," you're talking

14:25:58

about the sharing of URLs through messages?
A

Let me reread my answer.

23

MR. CARNEY:

Object to form.

24

You can answer.

25

THE WITNESS:

By doing it -- yes.

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Q

Got it.

Okay.

So you don't have an issue

2

with the fact that there is the ability to access,

3

14:27:22

it's the actual fact of accessing the messages?

4

A

Yeah, I think that's a fair statement.

5

Q

Have you suffered any monetary harm as a

6

result of the conduct you're challenging in this

7

14:27:36

case?

8

MR. CARNEY:

9

THE WITNESS:

10

Object to form.
Not that I'm aware of.

BY MR. CHORBA:

11

Q

14:27:47

Have you lost any money as far as you

12

understand to Facebook as a result of the conduct

13

you're challenging in this case?

14

A

Not that I'm aware of.

15

Q

And other than having your -- you

16

referenced earlier having your privacy breached --

17

14:27:59

have you suffered any other type of harm?

18

MR. CARNEY:

19

THE WITNESS:

20

The corruption of speech as

well.

21

Object to form.

BY MR. CHORBA:

22
23
24
25

14:28:14

Q

And you distinguish that from having your

privacy breached?
A

It came about as a result of the breach of

privacy, but it is a separate thing.

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explained that you've observed Facebook generating a

2

URL preview in a message.

3

14:34:31

Do you consider that -- using the phrase

4

"interception," which has, I'm sure as you know,

5

legal significance in this case given the

6

allegations and claims, do you consider that

7

rendering of a preview to be an interception?

8
9
10
11
12

A

14:34:40

No, because the message hasn't been sent

at that point.
Q

Do you consider that rendering of a URL

14:34:51

preview to be a scanning of the message?
A

No.

I always considered it to be just an

13

automatic function of the software that I can

14

override by clicking "Remove preview."

15

Q

So when you use the phrase

16

"interception," and you're using that in the context

17

14:35:10

of the URL, what specifically do you mean?

18

A

I'm referring to the accessing of the

19

content of my message at some point after it has

20

been -- after I've made the affirmative step to hit

21

"Send."

22

14:35:27

And the distinction I'm drawing is that

23

the preview and everything is happening before I hit

24

"Send."

25

a URL in, if I haven't hit "Send," I see that as a

So whatever I type up there, even if I put
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Q

And by "doing that," do you mean just

2

intercepting generally or incrementing the "Like"

3

14:37:57

count through URLs shared over private message?

4

A

Both.

5

Q

Have you done anything to verify whether

6

or not Facebook is continuing to engage in the

7

14:38:13

conduct that you challenge in the complaint?

8

MR. CARNEY:

9

THE WITNESS:

10

Object to form.
No.

I assume that -- no.

BY MR. CHORBA:

11

Q

14:38:37

Mr. Campbell, do you have any information

12

or any basis of any kind that Facebook has targeted

13

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

14

message on Facebook?

15

A

That Facebook itself has targeted an ad to

17

Q

Yes.

18

A

Online ads or --

19

Q

Any type of advertising.

20

A

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

16

14:38:51

me?

21

pretty much any website.

22

14:39:01

that.

23

Q

So, no, I haven't seen

You mentioned that some websites, they

24

sometimes sneak through.

In those instances -- I'm

25

trying to figure out if you have any basis for

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Facebook.

2

seeing any in the last few years with the Adblock

3

software, but also I can't recall -- I cannot tell

4

you specifically that there was this ad that was

5

targeted at me.

6
7

Q

14:40:19

14:40:31

So you may have -- if I can just make sure

I'm following you.

8
9

I can't recall one -- I can't recall

You may have seen an ad here or there on
Facebook, but you can't link it to anything that

10

would be targeting you based on content of your

11

messages?

12

A

Correct.

13

Q

Mr. Campbell, do you know anybody named

15

A

No.

16

Q

Have you ever heard that name before?

17

A

No.

18

Q

14:40:40

Do you know whether or not you can send

14

19
20
21
22
23

14:40:56

Facebook messages to non-Facebook users?
A

I don't know.

I assumed you could not,

14:41:10

but I don't know that.
Q

Did you ever send any Facebook messages to

non-Facebook addresses?

24

A

I don't know how I would have done that.

25

Q

As far as you know, did anyone ever send

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181 messages, is it fair to say the majority of them

2

had a URL preview?

3
4
5
6

A

I can't say for sure one way or the other

on that.
Q

Do you remember -- how would you check

MR. CARNEY:

8

THE WITNESS:

10
11

14:57:04

that, or could you check that?

7

9

14:56:51

how I would.

Object to form.
I don't know -- I don't know

I don't know that I could.

BY MR. CHORBA:
Q

14:57:16

At any point in time do you remember

12

typing in a URL, a preview was generated, and then

13

clicking on the X to X out of the preview?

14

A

Yes.

15

Q

You've done that before?

16

A

Yes.

17

Q

Would you say you've done that, you know,

18

more than half the time, less than half the time?

19

A

I can't say for sure.

20

Q

Were there specific circumstances where

21
22

14:57:28

I don't know.
14:57:42

you would click X on the preview?
A

Nothing specific.

I think sometimes just

23

the way the thumbnail rendered or something didn't

24

look right with the preview, so just get rid of it

25

because that was an option.

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A

Yes.

2

Q

-- little box?

3
4

14:59:27

And that would be the box to X out if you
did not want the URL preview?

5

A

Yes.

14:59:33

6

Q

Based on your use of Facebook, would the

7

URL still transmit in the message if you clicked on

8

the X?

9

A

Yes.

10

Q

It just wouldn't have the URL preview like

12

A

Correct.

13

Q

I believe you said this.

11

14:59:40

this?

You can't

14

estimate approximately how often the URL preview

15

would be generated during times you sent messages?

16

A

Right.

17

Q

14:59:52

And would looking -- I think you said

18

earlier you don't know how you would even determine

19

the answer to that question.

20

Would going through Exhibit 8 or Exhibit 1

21

to Exhibit 5 in any way refresh your recollection as

22

to whether or not you X'd out of the preview?

23

A

No.

24

Q

15:00:10

During the time you've used Facebook in

25

any capacity, have you used different browsers?

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A

Yes.

15:00:43

2

Q

Which ones?

3

A

Primarily Google Chrome.

I guess whatever

4

the -- if we want to qualify the Facebook app as a

5

browser on a Samsung phone.

15:01:03

6

Q

Okay.

7

A

And then I probably accidentally used

8

Safari once or twice.

9

Q

Not a fan?

10

A

No.

11

Q

And that would be -- I think you mentioned

12

15:01:16

earlier you have a MacBook Pro?

13

A

Yes.

14

Q

Have you ever used Internet Explorer?

15

A

No.

16

Q

You have very strong views there, but I

15:01:25

17

will not probe them as Microsoft is a very good

18

client of the firm.

19

Do you happen to know, were there specific

20

periods you'd use one browser as opposed to the

21

other?

22

A

15:01:39

It's been almost exclusively Chrome for

23

the last few years for sure.

Prior to that, I guess

24

I would have used Firefox at some point to assess

25

Facebook prior to switching over to Chrome.

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2

Q

And can you pinpoint that on a -- with a

15:01:59

specific date?

3

A

No.

4

Q

And did your different browsers have

5

JavaScript enabled?

15:02:10

6

A

For the most part, yeah.

7

Q

But it's possible that one or more

8

browsers or at one or more points in time it may not

9

have been installed?

10

A

The JavaScript, yes, especially using the

11

Chrome browser on my cell phone.

12

15:02:29

There was a period

where Java didn't load at all on Chrome.

13

Q

But that would be just on your smartphone?

14

A

In that example, yes.

15

Q

Can you think of other examples where

16

you're pretty certain you would not have had

17

15:02:49

JavaScript enabled?

18

A

At one point I used a Chrome extension

19

that required you to affirmatively enable JavaScript

20

for each specific page so there could have been

21

periods in there where I just didn't have it enabled

22

for Facebook.

23

Q

24
25

15:03:00

So there were certain sites where you

wouldn't have it enabled, JavaScript, that is?
A

Right.

Once you've installed the

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extension, then you had to affirmatively re-enable

2

it for each site as you went there.

3
4

Q

Have you ever affirmatively disabled it

for any particular sites, yes or no?

5
6

15:03:17

A

Other than that example with the

15:03:29

extension, no.

7

Q

Do you know how many of the URLs reflected

8

in either of the exhibits we're looking at, again,

9

Exhibit 1 to Exhibit 5 or Exhibit 8, do you know if

10

any of those URLs contained a Facebook "Like" button

11

social plug-in?

12

A

15:03:44

I can't say for certain one way or the

13

other.

14

URL, any of them that were sent after the "Like"

15

button was installed there would have had one.

16

The ones that included a Blue Hog Report

Q

I'm sorry, Mr. Campbell.

Remind me.

17

know you testified earlier.

18

15:04:03
I

when that "Like" button was installed.

19

A

I just don't remember

Sometime in 2013 or possibly early 2014.

20

I want to say it was 2013 but I can't pinpoint it

21

more than that.

22

Q

15:04:23

And did adding it to that website have

23

anything to do with this particular lawsuit or is it

24

just coincidental timing?

25

A

To the extent there's overlap, it would be

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coincidental.

2

Q

15:04:36

Got it.

3

And for any of the other sites other than

4

Blue Hog, with which you're obviously familiar, and

5

perhaps the Pinnacle Law Firm website, by going

6

through this list, will we be able to tell whether

7

at the time the message was sent there was a

8

Facebook "Like" button on that website?

9
10
11
12

A

15:04:44

Not to a degree of certainty more than

just sort of best guess.
Q

15:05:02

So some of the websites may have had the

"Like" button while others may not; is that right?

13

A

Yes.

14

Q

And do you know whether your -- any time

15

you shared a URL in a Facebook message, whether that

16

share incremented the "Like" count on a website?

17

We'll assume it had the "Like" social plug-in.

18

me pause there.

19

15:05:21

Let

We'll come back to this.

You understand that if the website to

20

which the URL directed didn't have a "Like" counter,

21

that the transmission of that URL through a message

22

didn't increment a "Like" count because the "Like"

23

count didn't exist.

24

A

That seems reasonable.

25

Q

You don't have any basis for contending

15:05:38

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otherwise?

15:05:55

2

A

No.

3

Q

And do you know whether your sharing of

4

any particular URL in a Facebook message incremented

5

the "Like" count on any particular web page?

6

A

15:06:03

No, because that's not something I was

7

looking for at the time.

8

practice.

9

Q

I was unaware of the

But sitting here today and going back and

10

looking at either the chart or Exhibit 8, are you

11

able to tell whether or not any URL shared through a

12

private message to or from you incremented the

13

"Like" count for that particular page?

14

A

Going through these lists, no.

15

Q

Do you have any other way of determining

A

No.

15:06:15

16

that?

17
18

15:06:32

I don't know that it would be

possible to go back and find out.

19

Q

So let's look again at the production

20

marked Exhibit 8.

21

there.

22
23

I think it's under your left arm

15:06:50

And again, you can keep the chart, if you
would, because I think we may refer back.

24

Let's first look at -- since you have that

25

in front of you, I'll tell you it's line 27 of that,

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top of page 3.

2

for you, Mr. Campbell.

3

And then I'll try to match this up

15:07:07

If you go to the page marked

4

CAMPBELL000005, there's a message.

5

the top there, second one, from

6

you and

7

It's kind of at
to

15:07:27

Who is

8

A

A friend.

9

Q

How long have you known him?

10

A

Four or five years.

11

Q

And just a friend socially, not a work

12

15:07:50

colleague or client or anything like that?

13

A

Correct.

14

Q

And we talked about

15

earlier.

And he's the person who works at

16

University of Arkansas Law School?

17

A

Arkansas, Little Rock.

18

Q

Little Rock.

19

15:08:04

Yes.

Thank you.

And he works as a law librarian?

20

A

Yes.

21

Q

Do you know -- this was a message again

22
23
24
25

from

15:08:17

to you.
Do you know what understanding
had about whether or not this message

that he sent was scanned or intercepted by Facebook?

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A

I can't speak to his understanding.

2

Q

And there are four different URLs there,

3

if you look at the next column or if you look at the

4

document.

5

the URLs are retained.

15:08:37

6
7

Again, it's heavily redacted, but I think
15:08:48

Do you know if any of these URLs had any
URL previews in this particular message?

8

A

I have no idea.

9

Q

And if you had a copy of this message

10

dated May 27th, 2011, in your Facebook messages

11

folder, would you be able to bring it up and see

12

whether there were URL previews?

13
14
15
16

A

Possibly.

15:09:08

That's not something I've ever

looked to see if I could see after the fact.
Q

And as far as you know, do you still have

15:09:22

a copy of this message?

17

A

I assume so.

18

Q

Do you know what kind of browser

19
20

was using, if any, when he sent this
message to you and

?

21

A

No idea.

22

Q

15:09:34

Do you remember what the subject matter of

23
24
25

this discussion was generally?
A

Yes.

Generally it was related to the

attempt by the Arkansas Republican Party to get me

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A

I have no idea if he did or not.

15:13:04

2

Q

Looking at the message, again, line 156,

3

that

sent to you, do you know what

4

understanding

5

his message was being scanned or intercepted by

6

Facebook?

had about whether or not

7

A

I can't speak to his understanding.

8

Q

15:13:17

I'm going to go back a little bit to

9

page 4 of the document production, and it's line 21

10

of the chart.

11

to first.

12
13

MR. CARNEY:
daydreaming.

14
15

18
19

22

I was

Line 21 of the chart, page 4

of the document production.
MR. CARNEY:

Gotcha.

15:13:50
Thank you.

BY MR. CHORBA:
Q

This is a message, July 17, at 7:18 p.m.

It's a message, Mr. Campbell, from you to

20
21

Chris, I'm sorry.

15:13:33

Where are we headed?

MR. CHORBA:

16
17

Whichever is easier for you to flip

Who is
A

15:14:06

He's a friend and former reporter for a

small-town newspaper.

23

Q

Which newspaper?

24

A

Fort Smith, The City Wire.

25

It's an

online-only publication.

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2
3
4

A

I'm a friend of his on Facebook.

I don't

15:15:32

know if that's what allowed me to send it or not.
Q

Did

ever send you messages on

Facebook?

5

A

I believe he did from time to time.

6

Q

Do you know what understanding

7

had about whether or not any of the messages shared

8

on Facebook were being scanned or intercepted by

9

15:15:43

Facebook?

10

A

I don't know what his understanding was.

11

Q

Let's go to page 7 of the production there

12

in front of you, and it's line 45.

13

15:15:53

message, sir, from you to I believe

14

This is a

And it's a post to the Blue Hog

15

Report.

16

A

Yes.

17

Q

And this was less than a year ago,

18

15:16:16

August 2014.

19
20

knew about your lawsuit at
that time; is that fair to say?

21

A

Yes.

22

Q

15:16:29

And did she understand Facebook practices

23

at the time you shared this message with her?

24

MR. CARNEY:

25

THE WITNESS:

Object to form.
I can't speak to what her

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A

Yes.

2

Q

Have you ever spoken with Dr. Kaku?

3

A

No.

4

Q

But you know who he is?

5

A

From television.

6

Q

From what -- like what context?

7

A

Does he

He had a show on Discovery or one of those

channels not too long ago.

10
11

15:25:07

have a TV show?

8
9

15:24:57

Q

Got it.

He's not based in Arkansas or

anything, is he?

12

A

13

No.
MR. CHORBA:

14

good spot.

15

Okay.

I think we're at a

break.
THE VIDEO OPERATOR:

Going off the record,

the time is 3:25.

18
19

Why don't we take a quick five-minute
15:25:26

16
17

15:25:20

(Exhibit 17 and Exhibit 18 were marked for
identification and are attached hereto.)

20

(Recess, 3:25 p.m. - 3:37 p.m.)

21

THE VIDEO OPERATOR:

22

The time is 3:37.

23

15:25:31

Back on the record.

BY MR. CHORBA:

24
25

Q

Please continue.

Welcome back, Mr. Campbell.
You have the chart in front of you still

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that's Exhibit 1 of Exhibit 5.

2

page 102, and specifically line 54 (sic).

3

A
Q

Page 102, line 754.

15:37:09

Line 754?

4

If you could turn to

That's a message

5

dated February 4th, 2011, and it has a website

6

Smiley & West.

7

15:37:35

Do you recognize that site?

8

A

No.

9

Q

I'm going to hand you a document we've

10

marked -- the reporter has premarked as Exhibit 17.

11

15:37:48

I'll represent to you that we went to

12

smileyandwest.com.

13

Google URLs noted, and those are the three web

14

pages.

15

And the two short abbreviated

Have you ever seen those web pages before?

16

A

No.

17

Q

Do you know who Smiley and West are?

18

A

Yes.

19

Q

Who are they?

20

A

Tavis Smiley and Cornel West.

21

Q

Do they have a radio program?

22

A

15:38:06

I don't believe they do anymore, but they

23

15:38:20

did at one point.

24

Q

Have you ever listened to it?

25

A

A few times.

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Q

If you look at the first page there in

2

Exhibit 17, I'll represent to you there's, as far as

3

we can tell, no Facebook "Like" button, at least

4

currently.

15:38:35

5

We printed these out recently.
Then if you turn to the second page, and

6

this is the second link, that shortened Google link

7

referenced in line 754, you'll see there's a "Share"

8

button beneath the "Subscribe to podcast" statement

9

15:38:52

there with a little Facebook icon.

10

And then if you look at the last page,

11

which appears to be a printout from Google Maps,

12

Smiley and West station, there's a Facebook "Like"

13

button there, or Facebook icon.

14

15:39:17

Excuse me.

Do you recognize any of these sites?

15

A

No.

15:39:33

16

Q

Do you remember receiving this message?

17

A

No.

18

Q

Do you know who

19

A

No.

20

Q

Is it possible you received this message

is?

21

at the time and knew what it was about and have just

22

15:39:52

forgotten in the last four years?

23

A

I suppose that's possible.

24

Q

And the number that's reflected there,

25

1158728615, is that number in any way associated

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2
3

practices?
Q

15:50:18
Let's focus on the practices that are

challenged in this case.

4

A

No.

5

Q

But you may have discussed other practices

6
7

15:50:24

with him?
A

I wasn't -- I was trying to clarify

8

whether by "practices" you meant what size pictures

9

needed to be or how the posting of -- how that

10

worked.

11

Q

12

15:50:34
Other than that, were there any other

practices you discussed with him?

13

A

No.

14

Q

Does

15

A

I can't say for sure.

16
17
18

know about this lawsuit?
I haven't told him

15:50:44

about the lawsuit.
Q

Have you had any discussions with him

about the lawsuit?

19

A

No.

20

Q

And have you ever accessed any other

21

15:51:14

developer guidance on Facebook's website?

22

A

Not that I know of.

23

Q

Who is

24

A

A reporter for the Arkansas Democrat

25

Gazette.

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Q

Have you sent Facebook messages to

3

A

Yes.

4

Q

Has he sent messages to you?

5

A

I believe so.

6

Q

Do you know where

7

A

In the Little Rock area.

8

Q

Do you know his specific address?

9

A

No.

10

Q

Do you know how we would reach him?

11

A

Other than Facebook or email, no.

12

Q

Do you know if he's aware of the lawsuit,

13

15:51:45

this lawsuit?

2

14

MR. CARNEY:

15

15:51:50

THE WITNESS:

16

or not.

17

lives?

15:51:58

Object to form.
I don't know if he's aware

15:52:13

BY MR. CHORBA:

18
19

Q

I haven't spoken about it with him.

Did you ever send

any messages

containing URLs?

20

A

I believe so.

21

Q

Did he ever send you messages containing

23

A

I can't recall off the top of my head.

24

Q

Do you know if

22

25

15:52:24

URLs?

ever consented to

the interception or scanning of messages on

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Facebook?

15:52:41

2

MR. CARNEY:

3

THE WITNESS:

4

I can't speak to whether he

consented or not.

5

Object to form.

BY MR. CHORBA:

6

Q

15:52:49

Do you know if

ever visited the

7

Facebook developer page that explained that URL

8

attachments to messages were included in the

9

external website "Like" count?

10

MR. CARNEY:

11

Object to form.

THE WITNESS:

15:53:06

I'm not familiar enough with

12

his web-using habits to know.

13

BY MR. CHORBA:

14

Q

Do you know if

ever saw articles

15

or press coverage regarding the fact that Facebook

16

was, in your words, scanning messages?

17

A

18

either.

19

Q

15:53:15

I can't speak to his reading habits,

Do you know whether or not, if

20

did send a message containing a URL preview, or URL,

21

whether he saw a URL preview before sending the

22

message?

23

A

I don't know.

24

Q

Who is

25

A

A friend of mine.

15:53:30

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2

A

That's

15:54:49

why I said I might have mentioned it in passing.

3
4

I don't recall anything specific.

Q

And why would you have mentioned it if you

A

Just when we were talking about current

did?

5
6

caseloads, litigation, it might have come up that

7

15:54:55

way.

8
9

Q

Did

ever send you any

messages?

10

A

I believe so.

11

Q

Did he send you messages that contained

13

A

I think so.

14

Q

And did you send messages to

12

15:55:12

URLs?

15

15:55:18

16

A

Yes.

17

Q

Including messages with URLs?

18

A

Most likely.

19

Q

Do you know if

consented to

20

the scanning or interceptions that you're alleging

21

in this case?

22

A

23
24
25

I don't know.

15:55:30

I don't know how anyone

could have consented to an unknown practice.
Q

But I'm asking you, do you know

affirmatively whether or not he consented to it?

15:55:43
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1

A

No.

15:55:45

2

Q

Do you know if

had viewed

3

any Facebook developer pages, Facebook disclosures,

4

or press coverage regarding the practices challenged

5

in this case?

15:55:59

6

MR. CARNEY:

7

THE WITNESS:

8
9

Object to form.
I don't know.

BY MR. CHORBA:
Q

Do you know if

ever saw a

10

URL preview before he sent a Facebook message

11

containing a URL?

12

A

I don't know.

13

Q

Do you know

14

A

No.

15

Q

How about

16

A

No.

17

Q

18

A

No.

19

Q

We talked about

20

know if

21

15:56:06

containing URLs, correct?

15:56:30

earlier.

-- and you sent

Do you

messages

22

A

I believe so, yes.

23

Q

And he sent you messages containing URLs?

24

A

Yes.

25

Q

We looked at one a moment ago that had the

15:56:45

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1

Facebook developer guidance.

2

A

Right.

3

Q

Do you know whether

15:56:55

consented to

4

the scanning or interceptions that are at issue in

5

this case?

6
7

A

15:57:03
I don't know.

I don't know that he was

aware of it.

8

Q

You don't know one way or the other?

9

A

Correct.

10

Q

And do you know whether he ever visited

11

any Facebook pages or articles or any other sources

12

15:57:13

that disclose the practices at issue in this case?

13

A

I don't know.

14

Q

Do you know whether

15

ever saw the

URL preview before sending a message with that URL?

16

A

17

Q

15:57:28

I don't know.
you've sent messages to

18

him with URLs and he's sent messages to you with

19

URLs; is that right?

20

A

Yes.

15:57:55

21

Q

Do you know if he consented to the

22

scanning or interceptions that you're challenging in

23

this case?

24
25

A

I don't know because I don't know if he

was aware of it.

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1
2

Q

You don't know one way or the other

15:58:06

whether he was aware of it?

3

A

No.

4

Q

He could have been, you just don't know?

5

A

It's possible.

6

Q

You don't know one way or the other,

7

though?

8

A

9
10

15:58:12

You said it's possible, but you don't know?
No.
MR. CARNEY:

Object to form.

BY MR. CHORBA:

11

Q

15:58:22

Do you know if

ever visited

12

any websites, saw any news articles that disclosed

13

the practices challenged in this case?

14

A

I can't say for sure.

I'd be shocked if

15

he did.

16

Q

Why do you say that?

17

A

Because he's something of a Luddite and I

15:58:35

18

can't imagine that he would ever willingly read a

19

Facebook privacy policy.

20
21

Q

24
25

15:58:45

sure whether he's read any of this?

22
23

Are you speculating or do you know for

A

Speculating based on what I know about

Q

Informed speculation?

him.

And do you know whether

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December 16, and December 22nd that follow this

2

October 30 exchange, are you able to describe the

3

general subject matter of those communications?

4
5

A

7

They were all related in one way or

another to this lawsuit.

6

Q

16:10:43

16:10:59

And have you reviewed these messages since

providing them to your counsel?

8

A

Not subsequent to providing them, no.

9

Q

And do you know whether or not there's any

10

non-privileged information reflected in these

11

messages?

12

A

I have no reason to believe there is.

13

Q

16:11:11

What are the newspapers that you read

14

regularly, Mr. Campbell?

15

A

The Arkansas Democrat Gazette.

16

16:11:30

beyond that I'll need to ask you to define

17

I suppose

"regularly."

18

Q

That you read more than once a year.

19

A

The Southwest Times Record, the Arkansas

20

Times, New York Times.

21

Q

That's probably it.

16:11:53

And focusing on those four publications,

22

are there any that you read on a daily and/or weekly

23

basis?

24
25

A

The Democrat Gazette and the -- it's daily

or near daily, and the Arkansas Times is a weekly

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2
3

publication.
Q

16:12:22

And do you read these in paper form,

online, or both?

4

A

Both.

5

Q

Do you subscribe to any publications?

6

A

I subscribe to the Democrat Gazette.

7

Q

Any others?

8

A

No.

9

Q

How about magazines?

10

A

Currently, yes.

11

Q

Which ones?

12

A

Sports Illustrated and Time, I guess.

13

16:12:30

Not newspapers, no.

16:12:43

My

wife has a subscription.

14

Q

But do you read Time?

15

A

Occasionally.

16

Q

Have you ever read the Washington Post

17

16:12:58

online or in paper form?

18

A

Ever?

Yes.

19

Q

How about The Los Angeles Times?

20

A

Again, yes, ever.

21

Q

Wall Street Journal?

22

A

Yes.

23

Q

Business Insider?

24

A

No.

25

Q

Chicago Tribune?

16:13:15

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1

A

Yes.

2

Q

The San Francisco Chronicle?

3

A

Yes.

4

Q

The Philadelphia Inquirer?

5

A

No.

6

Q

New York Post?

7

A

No.

8

Q

New York Daily News?

9

A

I don't believe so.

10

Q

Financial Times?

11

A

I visited their website.

12

Q

Have you ever read any content on the

13

16:13:29

16:13:43

16:13:53

website?

14

A

Possibly.

15

Q

How about a website forbes.com?

16

A

I have visited the website before, yes.

17

Q

Have you ever read any of the content on

18

16:14:05

forbes.com?

19

A

Probably.

20

Q

How about foxnews.com?

21

A

I assume I've wound up there by accident

22
23
24
25

16:14:18

at some point.
Q

Have you ever knowingly read any content

on foxnews.com?
A

Not that I can recall.

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1

Q

2

Fair enough.

16:14:37

How about CNN?

3

A

Yes.

4

Q

We're moving into perhaps more hospitable

5

territory.

6

16:14:42
Huffington Post?

7

A

Yes.

8

Q

How about Huffington Post tech page?

9

Do

you ever read that?

10

A

No.

11

Q

Seen it?

12

A

Yeah, I believe so.

13

Q

Vice.com?

14

A

Only the one time they had a story about

15

something Blue Hog Report did.

16
17

16:14:49

Q

16:15:00

How about any of Wall Street Journal's

online blogs or publications?

18

A

No.

19

Q

How about the website Mashable?

20

A

I've heard of it.

21

ever read it.

22

Q

Politico?

23

A

Yes.

24

Q

Wired Magazine, either online or in paper

25

I don't know that I've

form?

16:15:15

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1

A

2

I've read it.

3

Q

Tech Radar?

4

A

No.

5

Q

The Daily Beast?

6

A

I've probably read something there before.

7

Q

MSNBC.com?

8

A

Yes.

9

Q

The Onion?

10

A

Yes.

11

Q

Gizmodo?

12

A

Yes.

13

Q

PC Magazine?

14

A

No.

15

Q

The Next Web?

16

A

No.

17

Q

Did you review any materials from Facebook

18
19
20
21
22

Again, heard of it.

I don't know that

16:15:23

16:15:28

16:15:39

16:15:46

before deciding to register for a Facebook account?
A

Only whatever information is part of the

sign-up process in 2009.
Q

16:16:21

Do you recall anything about any of the

materials you read at the time?

23

A

No.

24

Q

But you would have read them?

25

A

No, I would have glossed over them and

16:16:36
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1

I, the undersigned, a Certified Shorthand

2

Reporter of the State of California, do hereby

3

certify:

4

That the foregoing proceedings were taken

5

before me at the time and place herein set forth;

6

that any witnesses in the foregoing proceedings,

7

prior to testifying, were administered an oath; that

8

a record of the proceedings was made by me using

9

machine shorthand which was thereafter transcribed

10

under my direction; that the foregoing transcript is

11

a true record of the testimony given.

12

Further, that if the foregoing pertains to

13

the original transcript of a deposition in a Federal

14

Case, before completion of the proceedings, review

15

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

16

I further certify I am neither financially

17

interested in the action nor a relative or employee

18

of any attorney or any party to this action.

19
20

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

21
22

Dated: 05/29/2015

23
24

<%signature%>

25

CARLA SOARES
CSR No. 5908
Page 294
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