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 FF92

APP. 1351

CONFIDENTIAL
1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE DISTRICT OF CALIFORNIA

3
4

MATTHEW CAMPBELL, MICHAEL

)

HURLEY, and DAVID SHADPOUR,

)

5

Plaintiffs,

)
)

6

v.

)No.C 13-05996 PJH(MEJ)
)

7

FACEBOOK, INC.,

)

Defendant.

)

8
9

DEPOSITION OF

10

**CONFIDENTIAL**

11
12

Taken on behalf of Defendant

13

* * *

14
15

BE IT REMEMBERED THAT the

16

deposition of

17

before Rosemary Tanzer, a Registered

18

Professional Reporter and a Certified

19

Shorthand Reporter for Oregon and Washington,

20

on Friday, August 7, 2015, commencing at the

21

hour of 9:04 a.m., at the Embassy Suites,

22

20001 NW Tanasbourne Drive, Hillsboro,

23

Oregon.

24

was taken

* * *

25
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1

A

I don't really have an opinion about

2

it.

3

don't know.

4

I don't have a belief around it.

Q

I

You don't have any belief, as you sit

5

here today, as to whether Facebook was

6

accessing --

7

A

I would imagine, as there is a

8

class-action lawsuit taking place, that there

9

is a probability that this is occurring.

10

Q

Do you have any other basis for

11

believing that there was a probability this

12

was occurring besides the fact of the class

13

action?

14

A

No.

15

Q

Have you investigated at all or

16

looked into whether this is happening or

17

whether there is any basis for these claims?

18

A

No.

19

Q

Did you continue to use Facebook

20

after you first learned about this claim?

21

A

Yes.

22

Q

Do you use Facebook messages at all

23

to the extent you remember after hearing

24

about these claims?

25

A

Uh-huh.
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1
2
3
4

Q

We're going to get to that.

I asked

the question, do you care whether -A

I just told you that I don't know

what it is.

5

Q

You don't know what it is.

6

A

And actually I told you before I

7
8
9
10

don't know what it is.
Q

That's fine.

marked as -- are we up to Exhibit 3 now?

Get

marked as Exhibit 3 this document.

11
12

I would like to get

(Exhibit No. 3 marked.)
Q

BY MS. RAJAGOPALAN:

Do you want to

13

take a moment to look that over, and just let

14

me know when you're ready.

15

A

(The witness complied.)

Okay.

16

Q

So I'll represent to you this is not

17

a document that we've produced in this case.

18

My team and I generated a URL preview and

19

this is a screen shot of a URL preview.

20

what you see depicted on this document look

21

familiar to you?

22

A

In what way?

23

Q

Have you seen something like this

24

before?

25

A

Does

Yes.
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Q

Where have you seen it?

2

A

On Facebook.

3

Q

And what does it look like to you

4

based on your familiarity?

5

A

It looks like a link.

6

Q

Okay.

7

Do you see the left-hand side

column that says Inbox, Other, More?

8

A

Uh-huh.

9

Q

What does that look like to you?

10

A

What do you mean?

11

Q

Have you seen something like that

12

before?

13

A

14
15

I don't know.

It doesn't look

familiar here.
Q

Have you seen something -- do you

16

think you may have seen something like that

17

in the -- when you've opened the Facebook

18

messages product?

19

A

I don't know.

20

look at messages.

21

I only really just

at all, actually.

22
23

Q

It doesn't look familiar

The box that's called "new message,"

do you see that, this big box on the right?

24

A

Uh-huh.

25

Q

Does that look familiar to you?
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A

In, like, this area below?

2

I don't know.

3

I guess.

have on my phone.

4

Q

This doesn't look like what I

Does it look at all like what you've

5

seen when you've sent a message on your

6

computer?

7
8
9
10
11

A

I don't really send Facebook messages

on my computer very often.
Q

To the extent -- I think you

testified you have sometimes.
A

Sure.

If there is a few things

12

different, I wouldn't be able to say.

13

computer page.

14

look like.

15

Q

It's a

I don't remember what they

Do you see the box at the bottom that

16

says -- it has a link that says

17

HTTP:/money.CNN.com and then there is a

18

picture below that with some text?

19

seen something like that before?

20

A

That's a URL.

21

Q

Which part is the URL?

22

A

The link.

23

Q

The link.

Have you

24
25

Correct?

And then what about below

that?
MS. GARDNER:

Let the record
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Q

Are you aware at all if Facebook's

2

developer page disclosed that the number of

3

Likes on a third-party website is derived in

4

part from the number of Facebook messages

5

that contain a URL?

6

long question, so let me know if you need me

7

to break it up.

8
9
10
11

A

No.

I realize that was a

The answer is no.

We can do

that with all the rest of your questions,
make it one question.
Q

Do you know whether the number of

12

Likes on third-party websites was derived or

13

incremented, increased or decreased in any

14

way, based on people sending URLs in Facebook

15

messages?

16

A

No.

17

Q

If that were happening, would you

18

object to it?

19

A

State again what exactly it is?

20

Q

So you mentioned -- we mentioned

21

before how on third-party websites you have a

22

Like button.

23

the benefit of this question, that on certain

24

third-party websites there is a Like count,

25

like there is a number that says, you know,

And -- well, I'll just say for

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1
2
3

opinion of?
Q

Whether Facebook should block

viruses.

4

A

I'm not sure.

5

Q

I'm asking, do you have an opinion,

6
7
8
9
10

yes or no?
A

I would need more information to make

an opinion.
Q

So that means at this point you don't

have an opinion?

11

A

Yes.

12

Q

And you don't have an opinion as to

13

whether Facebook should block viruses?

14

A

Define "opinion."

15

Q

Well, you said I don't have enough

16

information to have an opinion, so I'm

17

asking, does that mean you don't have an

18

opinion?

19

enough information to have an opinion," so

20

does that mean you don't have an opinion?

21

A

Because you said "I don't have

This is getting really convoluted and

22

I'm starting to lose track of what exactly it

23

is that we're talking about.

24
25

Q

I asked you before, do you object to

this whole series of things, blocking
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1

malware, blocking viruses, blocking spam, et

2

cetera, and for each one you said, "I don't

3

know if I object to that."

4

you follow-up questions on a couple of those

5

to say, well, do you -- actually let me go

6

back.

7

And then I asked

I asked you a couple of times,

8

"What would that depend on?"

9

"I don't know.

And you said,

I don't have enough

10

information to form an opinion."

11

asking, does that mean that you just don't

12

have an opinion?

13

in turn if that would help.

14
15
16

A

So now I'm

And I can ask for each one

If I have an opinion about whether or

not I have an objection?
Q

No.

If you have an opinion on

17

whether Facebook should do any things that I

18

mentioned?

19

A

No.

20

Q

So you don't have an opinion as to

21
22

whether Facebook should block viruses?
A

At this moment I don't have enough

23

information to create an opinion.

24

doesn't mean that later I might have one.

25

Q

That

Right, but I'm asking, right now, do
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1

you have an opinion?

And I'm asking is the

2

answer to that question yes or no?

3

A

No.

4

Q

Do you have an opinion right now as

5

to whether Facebook should block viruses?

6
7
8

MS. GARDNER:

Objection.

Vague.
A

I can't say, and the reason I can't

9

say is because by saying I don't have an

10

opinion is different than saying I don't

11

know.

12

is like a statement about how I feel about

13

something.

14

say I don't have an opinion implies that it

15

doesn't matter to me.

16

All of those things that you said, they might

17

matter to me and likely they do.

18

-- I don't have enough information right now

19

to be able to more -- to really say to the

20

extent that they matter.

21

Q

If I say I don't have an opinion, it

I don't know how I feel.

And to

It might matter to me.

BY MS. RAJAGOPALAN:

Okay.

But I don't

Do you

22

understand that this lawsuit is a putative

23

class action?

24
25

MS. GARDNER:
A

Objection.

No.
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1

Q

Okay.

We looked at the URL preview

2

earlier, Exhibit 3.

Do you recall at all how

3

many Facebook messages you've either sent or

4

received that included a preview of the

5

website associated with the URL?

6

A

No.

7

Q

You have no recollection?

8

A

(Shaking head.)

9

Q

Do you remember ever seeing a URL

No.

10

preview when you started composing a message

11

on Facebook?

12
13

MS. GARDNER:

Objection.

Vague.

14

A

I don't remember.

15

Q

BY MS. RAJAGOPALAN:

You don't

16

remember if you've ever seen one?

17

look back at Exhibit 3, if that helps.

18
19
20

A

You can

What do you mean by have I never seen

one when I'm writing a message in Messenger?
Q

When you're writing a message in

21

Messenger and you put a link in there, do you

22

recall ever seeing --

23

A

Like the thumbnail.

24

Q

Say again?

25

A

Like the thumbnail.
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1

Q

Yes, the thumbnail with the text.

2
3

MS. GARDNER:
Asked and answered.

4
5

MS. RAJAGOPALAN:

She said she

didn't -- I'm restating the question.

6
7

Objection.

MS. GARDNER:
same question again.

You asked the

This is the third time.

8

A

I don't remember.

9

Q

BY MS. RAJAGOPALAN:

10

may have seen it?

11
12

Do you think you

A
link.

I remember, like, posting a link -- a
This makes me think of a news feed.

13

Q

Okay.

But --

14

A

I don't remember, is what I'm saying.

15

It's possible that I could have, but I don't

16

remember.

17

I don't really send URLs in messages.

18

said, there is like a handful, maybe a

19

handful, because I'm guessing people have,

20

like, sent maybe a video.

21

all of this is in the news feed.

22

Q

This doesn't look familiar to me.

Okay.

Like I

But pretty much

In that handful that you

23

remember either sending or receiving messages

24

--

25

A

I don't remember a handful.

I'm
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1
2

guessing that it was.
Q

Okay.

To the extent that you are

3

guessing that there is a handful, you don't

4

recall seeing a URL preview?

5

A

No.

6

Q

Okay.

You mentioned earlier that you

7

used different browsers at different times

8

and possibly you've used different browsers

9

when you're using Facebook.

I think we

10

mentioned Internet Explorer, Chrome, Firefox.

11

Do you recall that?

12

A

Uh-huh.

13

Q

Do you happen to know if any of those

14

browsers had Javascript enabled?

15

A

I do not know.

16

Q

Do you know if any of the URLs that

17

you sent in messages to other people -- the

18

URLs would obviously, as you said before, be

19

an address for a website.

20

of those websites had a Facebook Like button,

21

social plug-in on them?

Do you know if any

22

A

I do not know.

23

Q

Do you think some of them did?

24
25

Do

you think any of them did?
A

I don't know.
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1

happen.

2

bringing it up now as well.

3

Q

So that's informing how -- me

But so is this conversation today

4

your only basis for thinking that that

5

happened or is it not the only basis for

6

thinking that that happened?

7

A

It's not the only basis.

8

Q

And the other basis that you have for

9
10

thinking that happened is your conversations
with Melissa before this?

11

A

That's correct.

12

Q

But you don't know whether or not

13

your sharing your URL message actually did

14

increment the Like count or not?

15

A

No.

16

Q

And you know also that your name is

17

not associated with a Like count on a

18

third-party website?

19
20

MS. GARDNER:

Objection.

Foundation.

21

A

I don't know that.

22

Q

BY MS. RAJAGOPALAN:

So if the Like

23

count on the third-party website said, as I

24

think I mentioned earlier, just had a number

25

1.2 million, 500,000, 50, and there were no
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1

names or anything like that associated with

2

it, and it was just anonymized, basically,

3

would you object to an anonymized Like, like

4

that, being incremented based on what you

5

shared in a private message?

6

A

I don't know.

7
8
9

MS. GARDNER:

Objection.

Form.
Q

BY MS. RAJAGOPALAN:

So before when

10

you said you don't know whether your sharing

11

of a URL in a message incremented the Like

12

count on a particular web page, do you have

13

any way of determining that?

14

A

Not that I'm aware of.

15

Q

I'm going to hand the court reporter

16

two exhibits this time.

We can talk about

17

them in tandem, which will also make this go

18

a little bit more quickly.

19

A

Okay.

20

Q

So let's get these marked 4 and 5.

21

Is that right?

22
23

(Exhibit Nos. 4 and 5 marked.)
Q

BY MS. RAJAGOPALAN:

So the reporter

24

handed you documents marked Exhibit 4 and

25

Exhibit 5.

So I'll represent to you that
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1

A

To the processing.

2

Q

Of this message.

3

MS. GARDNER:

The witness has

4

her head in her hands and she's staring down

5

at the table and groaning.

6

MS. RAJAGOPALAN:

That's

7

inappropriate, Counsel.

If you want to go

8

off the record, that's fine.

9

comments are really not appropriate.

10

A

Okay.

11

Q

Those kinds of

BY MS. RAJAGOPALAN:

12
13
14

Ask it again.
If you need a

break, I'm happy to take a break.
A

I just want to go.

I just want to be

done.

15

Q

I appreciate that.

16

A

So how much longer do you think we're

17

going to have?

18

is going to be another two hours?

19

Q

Should I take a break if this

It's not going to be another two

20

hours, but if you would like to take a break

21

now, please go ahead.

22
23
24
25

A

I would like to get this finished is

what I would like.
Q

Then we can keep going.
I'll ask again.

Do you know if
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1

Mr. Hurley consented to the processing of

2

this message?

3

A

I don't.

4
5
6

MS. GARDNER:

Objection.

Vague.
Q

BY MS. RAJAGOPALAN:

Do you know what

7

understanding he had, if any, about whether

8

this message was being processed by Facebook

9

in any way?

10
11

MS. GARDNER:

Objection.

Vague.

12

A

I have no information about that.

13

Q

BY MS. RAJAGOPALAN:

Do you know if

14

he ever visited the Facebook developer page

15

that stated that URL attachments were

16

included in the Like count?

17

A

I don't know much about Mike Hurley.

18

Q

Do you ever recall visiting a

19

Facebook developer page that stated that URLs

20

in messages were included in the Like count?

21

A

No.

22

Q

Do you know if Mr. Hurley ever saw an

23

article or a press coverage regarding the

24

fact that Facebook was processing messages in

25

some way?
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1

A

2

Hurley.

3

Q

I don't know much about Michael

Did you ever see an article or press

4

coverage regarding the fact that Facebook was

5

processing messages in some way?

6

A

Not that I recall.

7

Q

Can you recall any other specific

8

people to whom you sent a Facebook message

9

containing a URL?

10

A

No.

11

Q

What other e-mail services -- sorry.

12

What e-mail services have you used?

13

A

Gmail.

14

Q

What time period would you say you've

15

used Gmail?

16

A

How many years?

17

Q

Yes, from when to when.

18

A

Probably ten years.

19

Q

So you would say from 2005 to now?

20

A

Probably, yeah.

21

Q

Any other e-mail services that you

22

used?

23

A

I used Hot Mail in undergrad.

24

Q

Do you use it now?

25

A

No.
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different ways to commute electronically,

2

would you agree?

3

A

Define "many."

4

Q

More than one.

5

A

Yeah.

6

Q

You don't have to use Facebook to

7

communicate.

Would you agree with that?

8

A

That's correct.

9

Q

Now that you know about this lawsuit,

10

why are you continuing to use Facebook to

11

communicate?

12
13
14

A

Because others send me messages that

I respond to.
Q

And earlier, though, you testified

15

that since learning of this lawsuit you, too,

16

have sent messages.

17

continued to do that?

So why have you

18

A

19

things.

20

sent since I have learned of this lawsuit.

21

But Facebook Messenger is how I've

22

communicated with friends in the past, and so

23

I haven't changed my behavior as of this

24

point.

25

Q

So I've sent messages in response to
I don't really remember what I have

And is there a reason for that?
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1

A

I'm not sure.

I don't know.

2

Q

Would you say that you've been harmed

3

by Facebook's actions that are challenged in

4

this case?

5
6
7
8
9

MS. GARDNER:

Objection.

Vague.
A

I don't know enough about it to know

whether or not I've been harmed.
Q

BY MS. RAJAGOPALAN:

Okay.

Based on

10

what you've been told that -- you said there

11

was a probability that it was happening

12

because there is a class action about it, do

13

you think that you have been harmed if that's

14

happened?

15

A

From what I know about the

16

possibility of Facebook accessing my

17

messages, I don't like.

18
19
20

Q

You don't like what?

Sorry.

You

trailed off.
A

I don't like Facebook accessing my

21

messages or the possibility that a Like

22

increase is going to happen on a page that

23

I'm not aware of.

24
25

Q

Would you say that you've been harmed

if that's happened?
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1

actually, for anyone other than yourself in

2

expressing that view?

3

A

No.

4

Q

Do you have any information -- I'm

5

sorry.

Let me back up.

Do you believe that

6

your Facebook messages have monetary value?

7

A

I don't know.

8

Q

Do you believe that they do?

9

Do you

think that they do or not?

10

A

I don't have a thought about it.

11

Q

Do you have information of any kind

12

that Facebook has targeted an advertisement

13

to you based on something that you put in a

14

message, whether it's a URL or something

15

else?

16
17

MS. GARDNER:

Objection.

Vague.

18

A

No, I don't think so.

19

Q

BY MS. RAJAGOPALAN:

You don't think

20

Facebook has done that or you don't think you

21

have any information to indicate that

22

Facebook has done that?

23
24
25

A

I don't think -- I don't know.

I

don't recall.
Q

You don't recall what?
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1

A

No.

2

Q

NPR?

3

A

Yes.

4

Q

Do you listen to it on the radio?

5

A

No.

6

Q

Do you go to the website?

7

A

No.

8

Q

Where have you read or gotten contact

9

from --

10

A

11
12

I see links on the news feed on

Facebook.
Q

Do you remember, on any of the

13

sources that you said that you do read or

14

have read, the New York Times, the New

15

Yorker, USA Today, have you read any articles

16

that seem like they would be relevant to what

17

we're talking about today?

18

A

Not that I can remember.

19

Q

Anything concerning the Facebook

20

messages product?

21

A

No.

22

Q

Anything concerning Facebook more

23
24
25

generally?
A

Not that I'm aware of.

There was a

time magazine article about Mark Zuckerberg,
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APP. 1372

CONFIDENTIAL

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but I didn't read it.

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Q

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all?

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A

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Do you remember what it was about at

It was about him.

I think he was on

the cover, maybe.

6

Q

Do you remember when this was at all?

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A

A couple of years ago.

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Q

I think that's it.

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A

Yay.

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MS. GARDNER:

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MS. RAJAGOPALAN:

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All right.
Can we go

off the record?

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(DEPOSITION ADJOURNED AT 2:08 P.M.)

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* * *
(NOTE:

Untranscribed steno notes

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archived ten years on computer;

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transcribed English files archived

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five years on computer.)

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* * *

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CONFIDENTIAL

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CERTIFICATE
I, Rosemary Tanzer, a Registered

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Professional Reporter, and a Certified

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Shorthand Reporter for Oregon and Washington

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Certified Court Reporter, hereby certify that

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said witness personally appeared before me at

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the time and place set forth in the caption

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hereof; that at said time and place I

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reported in stenotype all testimony adduced

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and other oral proceedings had in the

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foregoing matter; that thereafter my notes

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were transcribed through computer-aided

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transcription, under my direction; and that

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the foregoing pages constitute a full, true

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and accurate record of all such testimony

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adduced and oral proceedings had, and of the

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whole thereof.

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Witness my hand at Portland,

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Oregon, this 18th day of August, 2015.

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Rosemary Tanzer
OREGON CSR NO. 94-0299

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APP. 1374