Campbell et al v. Facebook Inc.

Filing 180

EXHIBITS re 179 Notice (Other),,, Exhibits to Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections filed byFacebook Inc.. (Attachments: # 1 Exhibit 26 (Unredacted), # 2 Exhibit 27 (Redacted), # 3 Exhibit 28 (Redacted), # 4 Exhibit 29 (Unredacted), # 5 Exhibit 30 (Redacted), # 6 Exhibit 31 (Redacted), # 7 Exhibit 32 (Redacted), # 8 Exhibit 33 (Unredacted), # 9 Exhibit 34 (Redacted), # 10 Exhibit 35 (Unredacted), # 11 Exhibit 36 (Unredacted), # 12 Exhibit 37 (Redacted), # 13 Exhibit 38 (Unredacted), # 14 Exhibit 39 (Unredacted), # 15 Exhibit 40 (Unredacted), # 16 Exhibit 41 (Unredacted), # 17 Exhibit 42 (Redacted), # 18 Exhibit 43 (Redacted), # 19 Exhibit 44 (Redacted), # 20 Exhibit 45 (Redacted), # 21 Exhibit 46 (Redacted), # 22 Exhibit 47 (Redacted), # 23 Exhibit 48 (Redacted), # 24 Exhibit 49 (Unredacted), # 25 Exhibit 50 (Unredacted))(Related document(s) 179 ) (Chorba, Christopher) (Filed on 3/28/2016)

EXHIBIT 2

UNREDACTED 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 -A

Well, I told my wife that I was coming to

San Francisco for a deposition.

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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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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

Have you ever traveled internationally?

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A

I've been to -- well, let me answer your

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question.
Q

12:02:05

Yes.
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
20

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?

12:08:42
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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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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

14:34:26
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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 the Pinnacle page, but

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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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A

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