Campbell et al v. Facebook Inc.

Filing 181

Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Declaration of Melissa Gardner Re Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections, # 2 Declaration of Nikki Stitt Sokol In Support of the Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections, # 3 [Proposed] Order, # 4 Exhibit 1 (Unredacted), # 5 Exhibit 2 (Redacted), # 6 Exhibit 3 (Unredacted), # 7 Exhibit 4 (Redacted), # 8 Exhibit 5 (Unredacted), # 9 Exhibit 6 (Redacted), # 10 Exhibit 7 (Unredacted), # 11 Exhibit 8 (Redacted), # 12 Exhibit 9 (Unredacted), # 13 Exhibit 10 (Redacted))(Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

CONFIDENTIAL

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 MICHAEL HURLEY

17

San Francisco, California

18

Thursday, July 9, 2015

19

Volume I

20

*** CONFIDENTIAL ***

21
22

Reported by:
CARLA SOARES

23

CSR No. 5908

24

Job No. 2082438

25

Pages 1 - 193
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1

A

No.

2

Q

Who is representing you today as your

3

counsel?

4
5

A

Q

09:09:26

Do you have any past association with any

of these lawyers or law firms?

8
9

David Rudolph and Melissa Gardner, and

then also the listed lawyers on the complaint.

6
7

09:09:13

A

Only Melissa Gardner.

I've known her for

a few years, since I think 2001.

10

Q

What's the -- how did you first meet her?

11

A

In college.

12

Q

And that was at Western Washington

13

09:09:45

University?

14

A

Correct.

15

Q

And you guys have remained friends since

17

A

Yes.

18

Q

Has she ever represented you in any -- in

16

19

09:09:58

then?

a legal capacity at all before this case?

20

A

No.

21

Q

What did you do to prepare for your

22
23

09:10:06

deposition today?
A

I met with David Rudolph and Melissa

24

Gardner on two occasions.

One was yesterday, for

25

about four hours, four or five; and then I met,

09:10:27
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2

BY MR. JESSEN:
Q

09:38:07

At any point in time.

We're going to look

3

at some of your messages earlier.

But you

4

understand Facebook has a feature that allows users

5

to send messages?

09:38:14

6

A

Yes.

7

Q

Do you recall when you first used that

8

particular feature, the Facebook Messages feature?

9

A

I don't recall.

10

Q

If I told you -- well, strike that.

11

09:38:34

You filed this lawsuit against Facebook in

12

December 2013.

You've continued to use Facebook

13

since you filed suit; is that correct?

14

A

Yes.

15

Q

Why?

16

A

Because it still offers me a way to

09:38:52

17

connect with my friends.

18

know that are all over the world.

19
20
21

Q

I still have many people I
It's convenient.

And have you continued to use the Messages

product since you filed suit?
A

09:39:12

The best I can recall, I have not sent any

22

messages.

23

since that time.

24
25

Q

I have received I think at least one

During the time you've been a Facebook

user, have you ever let anyone else use your

09:39:29
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does that sound right?

09:41:06

2

A

I believe so, yeah.

3

Q

You're not a big -- you're not a big user

4

of the Messages product; is that accurate?

5

MR. RUDOLPH:

Objection.

6

THE WITNESS:

I don't send many messages.

7
8
9
10

Form.

09:41:16

BY MR. JESSEN:
Q

And it's probably safe to assume you're

not likely to send messages in the future through
that product.

09:41:26

11

MR. RUDOLPH:

Objection.

12

THE WITNESS:

Yes.

13
14
15

Form.

BY MR. JESSEN:
Q

Do you recall the last time you sent a

message on Facebook that included a URL?

16

A

I don't recall the exact --

17

Q

09:41:45

Fair enough.

18
19
20

What is your understanding of the service
that Facebook provides?
A

My understanding is that basically

21

Facebook provides the ability to interact with

22

friends, stay in contact, and that's basically it.

23

09:42:25

Stay in contact with friends.

24
25

Q

Do you have an understanding of how

Facebook makes money?

09:42:49
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Are you saying that the "Like" button --

2

sort of like there's a count -- you understand

3

10:35:39

there's a count next to some "Like" buttons?

4

A

Yes.

5

Q

I just want to understand.

Are you saying

6

that if you shared a URL in a message, that URL on

7

the actual website, there was a "Like" button social

8

plug-in, are you just saying the number went up, or

9

10:35:48

are you saying people somehow knew that me, Michael

10

Hurley, had actually shared that URL?

11

MR. RUDOLPH:

Objection.

Form.

10:36:02
It's not

12

clear whether the question goes to Mr. Hurley's

13

interpretation of the complaint or you're asking

14

generally about his understanding now.

15

MR. JESSEN:

Just generally.

16

MR. RUDOLPH:

Okay.

17

THE WITNESS:

So I generally understand

18

that the "Like" button count -- the "Like"

19

count goes up associated with the basically

20

following of that URL by the Facebook -- or the

21

10:36:18

plug-in.

22

10:36:32

I don't necessarily know if it is attached

23

to me, but it came from the message.

24

BY MR. JESSEN:

25

Q

So the number went up?

10:36:52
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BY MR. JESSEN:

2

Q

10:39:33

Since you filed your complaint against

3

Facebook, the initial complaint in December of 2013,

4

how many times have you met with your attorneys in

5

this case?

10:39:45

6

A

Including today?

7

Q

Sure.

8

A

So three.

9

Q

So would that be the mid June meeting, the

10

meeting with your counsel yesterday, and then you're

11

including the deposition today?

12

A

Correct.

13

Q

10:40:00

No other meetings apart from those three

14

Yes.

instances?

15

A

Correct.

16

Q

Do you speak with counsel on the phone at

A

I speak with Melissa Gardner on the phone

17
18
19

10:40:14

all?

almost weekly.

20

Q

About the case?

21

A

Something about the case is generally

22
23
24
25

10:40:29

mentioned sometime during the call.
Q

But I gather -- I mean, are the calls

primarily not related to the case or -A

Correct.

10:40:48
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Q

2

before?

3

A

That was before, I believe.

4

Q

What do you mean when you say you

5
6

volunteered for the case?
A

7
8
9
10
11

Was that after you filed the lawsuit or

10:42:23

10:42:34

I mean that I volunteered.
Can you rephrase the question, I guess?

Q

Yeah.

You mentioned -- you said you

volunteered for the case, and I just wanted to
understand what you meant by that.
A

Sure.

Okay.

10:42:55

Basically in one of the

12

conversations with Melissa Gardner, we were just

13

speaking about normal, you know, catching-up-type

14

stuff, and then she mentioned that it had been found

15

that Facebook had scanned private messages, and that

16

if I knew anybody that would be interested in, you

17

know, being part of a class action against Facebook.

18

10:43:19

I couldn't really think of anybody, but I

19

volunteered as I was concerned about my messages

20

having been scanned.

10:43:45

21

Q

Do you recall when that conversation was?

22

A

Sometime in December of 2013.

23

I don't

remember the exact date.

24

Q

Before the complaint was filed?

25

A

Correct.

10:43:56
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2

Q

And then did you have a -- was Mr. Slade

10:43:59

on that -- strike that.

3

Was that a telephone conversation?

4

A

Yes, that was a telephone conversation.

5

Q

And was that just a telephone conversation

6

10:44:10

between you and Ms. Gardner?

7

A

Yes.

8

Q

And then subsequent to that, you had a

9

phone conversation with Ms. Gardner and Mr. Slade?

10

A

Yes.

10:44:20

11

Q

Were there other conversations you had

12

with Ms. Gardner or Mr. Slade or any of the other

13

attorneys before filing suit?

14

A

Not that I recall.

15

Q

And other than what we've already been

16

discussing, you don't recall any other telephone

17

10:44:34

conversations with counsel since you filed suit?

18

A

Not other than Melissa Gardner, no.

19

Q

How often do you communicate with your

20

attorneys about the case regarding -- strike that.

21
22

10:44:53

How often do you and your attorneys
contact each other by email about the case?

23

A

I don't know the exact dates or times, but

24

fairly often, usually for document delivery and

25

such.

10:45:14
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2

Q

Do you recall if it was before Christmas

10:47:38

or after Christmas 2013?

3

A

I don't, honestly.

4

Q

Would you say you're actively involved in

5

the strategy and decision-making in this case?

6

MR. RUDOLPH:

Objection.

7

THE WITNESS:

10:48:01

I mean, my counsel is in

8

charge of, like, the strategy.

9

Vague.

with them.

10

I do keep in contact

BY MR. JESSEN:

11

Q

10:48:31

Would it be fair to say that your counsel

12

is directing the course of the litigation and not

13

you?

14

MR. RUDOLPH:

Objection.

15

THE WITNESS:

Yes.

16
17
18
19

Form.
10:48:45

BY MR. JESSEN:
Q

Have you served any discovery requests on

Facebook in this case?
A

I have not personally, but I believe there

20

have been some from my counsel, yes, in this

21

complaint.

22

Q

10:49:07

Do you have an understanding of what kind

23

of discovery has been served on Facebook by

24

plaintiffs?

25

A

I believe there was some relating to how

10:49:30
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the messaging system works.

2

understanding.

3
4

Q

That's my general

10:49:33

Have you looked at any of Facebook's

responses to those requests?

5

A

Not that I can recall, no.

10:49:50

6

Q

Did you participate in drafting any of the

7

discovery requests that have been served on

8

Facebook?

9

A

No.

10

Q

And have you provided discovery responses

11

in this case?

12

MR. RUDOLPH:

Objection.

13

THE WITNESS:

What do you mean by

14

"discovery responses"?

15

BY MR. JESSEN:

10:50:04

16
17

Q

10:50:17

Well, do you understand that -- sorry.

I

didn't mean to interrupt you.

18
19

Vague.

Do you understand that Facebook has sent
discovery requests to you through your attorneys?

20

You understand that?

21

A

Yes.

22

Q

10:50:31

And you have provided written responses to

23

that -- to those requests.

24
25

Do you understand that?
A

Yes.

10:50:39
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your communications with your lawyers -- because I

2

don't want to know about those -- but do you have a

3

general understanding outside of those

4

communications as to why everything but the URLs was

5

redacted?

6
7

A

11:30:07
In my understanding, the rest of the

message doesn't apply to the complaint.

8
9

11:29:56

Q

Do you know whether you can send Facebook

messages to non-Facebook users?

10

A

I do not.

11

Q

Do you know whether or not you've ever

12

11:30:34

sent a Facebook message to a non-Facebook user?

13

A

Not that I can recall.

14

Q

Are you aware of anyone using a

15

non-Facebook account to send you a message through

16

the Facebook Messages product?

17

A

Not that I'm aware of.

18

Q

11:30:52

Referring to the messages referenced in

19

Exhibit 10, are you claiming that all of these

20

messages were unlawfully scanned by Facebook or only

21

some of them?

22
23

MR. RUDOLPH:

Vague, calls for

a legal conclusion.

24
25

Objection.

11:31:16

THE WITNESS:
sure.

I have no way to know for

But in general, I'm claiming that at least

11:31:56
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some of these have been scanned.

2

BY MR. JESSEN:

3
4
5

Q

11:32:04

What's your basis for saying you think at

least some of them have been scanned?
A

Basically the first two on the bottom of

6

the first page from 2014, I -- that might be outside

7

11:32:59

the claim time.

8

Q

Understood.

Any other basis?

9

A

No.

10

Q

I'll represent to you that it appears --

11

and we're also going to look at a chart that was

12

prepared -- that there are 17 messages reflected in

13

11:33:25

Exhibit 10.

14

Do you have -- what's your best estimate

15

as to the number of messages you sent or received

16

that did not include a URL?

17

A

11:33:44

I don't know the exact number, but my best

18

estimate would probably be 40 to 50, somewhere

19

around there.

20

Q

21

Over what period of time would those

11:34:10

messages have been sent or received?

22

A

Since I started using Facebook.

23

Q

Do you still have copies of your actual

24

Facebook messages going back to the time you started

25

using Facebook?

11:34:43
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received messages -- Facebook messages from that

2

contained a URL?

3

A

11:54:54

I mean, according to the chart and the

4

exhibits, I would say -- well, for the time in the

5

complaint, I would say six.

6

seven is the current number because of that message

7

I received.

And then I believe

8

Q

In 2014?

9

A

Correct.

10

Q

It looks to me like you have sent a total

11:55:21

11

of three messages, three Facebook messages,

12

11:55:36

containing URLs.

13

Do you agree?

14
15

A

20

11:56:02
Q

Can you estimate how many people you've

sent messages to that did not include a URL?

18
19

That would be correct.

Yes.

16
17

That I've sent?

A

I would go with my prior answer.

About

Q

Have you ever sent a Facebook message

15.

21

containing a URL that included a URL preview that we

22

11:56:35

discussed earlier?

23

A

Yes.

24

Q

How many messages do you think you've sent

25

that contained a URL preview?

11:57:02
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A

Not that I'm aware of.

2

Q

Have you also received Facebook messages

3

12:00:00

that contained a URL preview?

4

A

Not that I can recall.

5

Q

Have you ever included a URL -- a URL --

6

12:00:52

strike that.

7

Have you ever included a URL in a message

8

and then had a URL preview generated before you sent

9

the message and then deleted the preview before

10

sending your message?

12:01:08

11

A

Not that I can recall.

12

Q

The URL preview you saw in the message you

13

sent to Melissa Gardner in July 2011, that preview

14

was generated before you sent the message, and you

15

left it intact before sending it?

12:01:27

16

A

Yes.

17

Q

When you typed that URL into the message

18

to Melissa Gardner on July 14th, 2011, and the

19

preview -- the URL preview was generated, what was

20

your understanding as to how that preview had been

21

created?

22

MR. RUDOLPH:

Objection.

23

THE WITNESS:

12:01:50

I believe I used the

24

cut-and-paste function.

25

URL addresses.

Form.

I'm not good at remembering

But I didn't have an understanding.

12:02:10
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I just saw a picture showed up.

2

BY MR. JESSEN:

3
4
5
6
7

Q

12:02:16

What do you mean when you say you used the

cut-and-paste function?
A

For the URL.

I didn't type in the URL.

12:02:24

used cut-and-paste.
Q

So you were at -- let's just look at the

8

particular URL.

9

thing for the record because it's really long.

I'm not going to read the whole

10

it's the first one.

11

your initial interrogatory responses.

12

But

It's in row 1 of Exhibit 1 to

12:02:38

And it's

and some other stuff.

13
14

I

So were you at that particular website?
Tell me how you sort of --

15

A

To my best recollection, yes.

16

Q

You were at the website?

17

A

I was at that website, read through the

18

article.

19

12:02:55

then pasted it into the message.

20
21

Q

I basically cut or copied the URL, and

And at that point the preview was

12:03:13

generated?

22

A

Yes.

23

Q

And then you left the preview intact prior

24
25

to sending?
A

Yes.

12:03:39
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2
3

to send the message.
Q

12:07:40

How many different web browsers have you

used over the years to log into Facebook?

4

A

I would say probably three, I believe.

5

Q

Which ones have you used?

6

A

I think Mozilla Firefox, Google, or

7

Chrome, I should say, and mostly Internet Explorer I

8

12:08:28

believe would be the other.

9

Q

Were there different periods of time

10

that -- different periods of time that you used

11

different browsers, or was it you would just go back

12

and forth sort of during the same periods?

13

A

12:08:56

I would just kind of go back and forth.

14

At a computer sometimes it wouldn't work right, so

15

you'd switch it up.

16
17

Q

Sure.

12:09:13

Do you know if those browsers had

JavaScript enabled?

18

A

I don't know.

19

Q

If you look at Exhibit 1 to your initial

20

interrogatory responses, which we've marked as

21

Exhibit 6, the far right column lists URLs that were

22

included in Facebook messages.

23

12:09:40

Do you know how many of the websites

24

associated with these URLs contained a Facebook

25

"Like" button social plug-in at the time the

12:10:01
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messages were sent?

12:10:03

2

A

I don't know.

3

Q

Do you know if any of them did?

4

A

I do not.

5
6

MR. JESSEN:

Do you guys want to take a

lunch break now?

7

MR. RUDOLPH:

8

THE VIDEO OPERATOR:

9

12:10:25

Sure.
We are off the record

at 12:10 p.m.

10

(Recess, 12:10 p.m. - 1:05 p.m.)

11

THE VIDEO OPERATOR:

12

We are back on the

record at 1:05 p.m.

13

12:10:29

BY MR. JESSEN:

14

Q

Okay.

If I could direct your attention

15

back to the message we were looking at before the

16

break, specifically the message that you sent to

17

Melissa Gardner on July 14th, 2001 (sic), with the

18

13:06:01

URL.

19

A

It's 2011.

20

Q

Sorry.

21
22
23
24
25

I definitely misspoke there.

13:06:19

Do you recall the general subject matter
of this message?
A

I believe it was -- well, as you can see

in the URL,
And if I remember correctly, at the time

13:06:53
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at the

2

moment.

3

Q

13:06:55

So I said you should check these out.
Understood.

4

Do you know whether the website associated

5

with this URL at the time you sent the message had a

6

Facebook "Like" button social plug-in?

7

A

8
9
10

13:07:11

I do not, no.
MR. RUDOLPH:

Counsel, I apologize.

I was

having some trouble with my realtime, and I missed a
question.

11

13:07:31
I wanted to interpose a privacy objection

12

to the previous two questions.

13

the privacy of the sender or the recipient.

14

obviously not instructing the witness not to answer.

15

BY MR. JESSEN:

16

Q

Potentially invades
But I'm

13:07:55

At the time you sent this message, do you

17

know what understanding Ms. Gardner had about

18

whether or not this particular message was being

19

scanned or intercepted by Facebook?

20

A

I do not.

13:08:05

21

Q

Since you're not aware of whether the

22

website associated with this URL had a Facebook

23

"Like" button social plug-in, I assume that you also

24

don't know whether or not your sharing of this URL

25

incremented the "Like" count on that website.

13:08:35
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URL preview was generated before you sent this

2

message.

3

A

Correct.

4

THE VIDEO OPERATOR:

5

(Exhibit 11 was marked for identification

6
7

Hurley Exhibit 11.
16:48:10

and is attached hereto.)
BY MR. JESSEN:

8
9

13:11:25

Q

You've been handed what has been marked as

Hurley Exhibit 11, and I'll represent to you that

10

this is a printout of the current

11

page for

12

there's no Facebook "Like" button social plug-in on

13

this page.

14

home

13:12:08

I'll also represent

Do you agree with me?

15

A

I do not see one currently.

16

Q

Do you know whether or not the

17

13:12:26

page had a "Like" button social plug-in

18

when you sent your message to

19

2012?

20

A

I do not.

21

Q

If I told you that

on July 11,

13:12:46
has never

22

had a Facebook "Like" button social plug-in on any

23

of its pages, would you have any reason to dispute

24

that?

25

A

Not that I'm aware of.

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2

Q

Would you consider this message to be part

13:13:06

of your case as well?

3

A

Yes.

4

Q

And why is that?

5

A

Because it's a message I sent during the

6

13:13:13

specified claim period with a URL in it.

7

Q

So if I understand you correctly, you're

8

saying if you sent a message with a URL in it during

9

the specified claim period, that -- even if the

10

sharing of that message never incremented a "Like"

11

count on a third-party website, that that is still

12

within the scope of your complaint?

13
14

MR. RUDOLPH:

Objection.

Form.

13:13:35

Calls for

a legal conclusion.

15

THE WITNESS:

16

my understanding, yes.

17

BY MR. JESSEN:

18
19

Q

I'm not a lawyer, but under

13:14:05

And that's because you thought there was

still some sort of scanning going on of the URL?

20

MR. RUDOLPH:

Objection.

21

THE WITNESS:

Yes.

22

13:14:22

I don't have a way to

know that it didn't happen.

23

Form.

BY MR. JESSEN:

24
25

Q

Well, do you have a way to know that it

did?

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A

I don't know.

2

Q

Where does

3

A

In

4

Q

Do you know her street address?

5

A

I do not.

6

Q

Do you know how we can reach her?

7

A

I would guess through her email which I

8

live?

13:15:17

don't know off the top of my head.

9
10

13:14:39

Q

Do you know if she's aware of this

lawsuit?

13:15:47

11

A

No.

12

Q

No, she's not aware, or no, you don't

14

A

I don't know.

15

Q

Do you know if

13

16

know?

consented to any

13:16:10

interception or scanning of this message?

17

A

I do not.

18

Q

Do you know what understanding she had at

19

the time regarding whether or not this message you

20

sent her was being scanned or intercepted by

21

Facebook?

22

A

I do not.

23

Q

13:16:29

Are you aware, Mr. Hurley, that during the

24

relevant time period, Facebook's developer guidance,

25

which is publicly available, disclosed the fact that

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a URL attachment to a message was one of the things

2

that went into a "Like" count on a third-party

3

website?

4

MR. RUDOLPH:

5

facts not in evidence.

6

THE WITNESS:

7

in the complaint, yes.

8

BY MR. JESSEN:

9
10

Q

Objection.

Form.

13:16:53

Assumes
13:17:04

I believe that is mentioned

Do you know if

was aware of that

at the time this message was sent?

11

A

I do not.

12

Q

Do you know if

13:17:51

ever saw an

13

article or press coverage regarding the fact that

14

Facebook was processing messages?

15

A

I do not.

13:18:03

16

Q

And again, you don't know if the

17

craigslist website at that time had a Facebook

18

"Like" button social plug-in, so is it fair to say

19

you also don't know whether your sharing of this URL

20

with

21

on that plug-in?

would have increased the "Like" count

22

A

Yes.

23

Q

Again,

A

Um-hum.

13:18:33

24
25

is a friend of

yours?
Yes, I should say.

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A

Yes.

13:20:37

2

Q

What was the general subject matter of

3

this message?

4

A

It was how to -- or

5

13:20:53

6
7

Q

And who is

8

A

She's a friend and former roommate.

9

Q

Do you know whether or not the website

10

associated with that URL had a Facebook "Like"

11

button social plug-in at the time you sent this

12

message?

13

A

I do not.

14

Q

13:21:19

Do you know what understanding

15

had at the time you sent the message regarding

16

whether or not the message was being scanned or

17

intercepted by Facebook?

18

A

I do not.

19

Q

13:21:34

Do you know if she had ever visited the

20

Facebook developer page regarding -- that indicated

21

that URL attachments were included in the "Like"

22

count?

23

A

I do not.

24

Q

13:21:53

I assume you also don't know whether she

25

saw articles or press coverage regarding the fact

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that Facebook was processing messages.

2

A

I do not.

3

Q

13:22:06

You don't know whether or not

4

consented to the -- any interception or scanning of

5

the message, correct?

13:22:18

6

MR. RUDOLPH:

Objection.

7

THE WITNESS:

I do not.

8

Form.

Vague.

BY MR. JESSEN:

9

Q

10

And where does
MR. RUDOLPH:

live?
Objection.

Requests for

11

third parties' home addresses are invasive of

12

13:22:34

third-party privacy rights.

13

THE WITNESS:

She lives in

14
15

BY MR. JESSEN:

13:22:51

16

Q

Do you know her street address?

17

A

I do not.

18

Q

Do you know how we would get in touch with

20

A

Probably through email.

21

Q

Do you know her email address?

22

A

I do not off the top of my head.

19

her?

23

THE VIDEO OPERATOR:

24

13:22:57

(Exhibit 12 was marked for identification

25

Hurley Exhibit 12.

and is attached hereto.)

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running objection on that one, too.

2

MR. RUDOLPH:

3

MR. JESSEN:

4

Q

5

13:26:27

Thank you.
Sure.

Do you know how we can reach her?
MR. RUDOLPH:

Same objection to the extent

6

the request is seeking contact information for third

7

parties.

8

13:26:32

privacy rights.

9
10

That's invasive of the third party's

Will you permit me a running objection for
that one as well?

13:26:45

11

MR. JESSEN:

12

MR. RUDOLPH:

Thank you.

13

THE WITNESS:

I believe email would

14

probably be best.

15

Yes.

BY MR. JESSEN:

13:26:51

16

Q

Do you know her email address?

17

A

I do not.

18

Q

Is she aware of your lawsuit?

19

A

Not that I know of.

20

Q

And I assume that -- obviously Ms. Gardner

21

is aware of your lawsuit.

22
23

What about

13:27:06

or

Are they aware of your lawsuit against
Facebook?

24

A

Not that I'm aware of.

25

Q

Do you know whether

consented

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to any interception or scanning of the message she

2

sent you on July 31st, 2013?

3

A

I do not.

4

Q

13:27:25

Do you know what understanding she had

5

about whether the message was being scanned or

6

intercepted by Facebook?

7

A

I do not.

8

Q

13:27:37

Do you know whether she ever visited the

9
10

Facebook developer page that stated that URL
attachments were included in the "Like" count?

11

A

I do not.

12

Q

13:27:47

Do you know if she ever saw an article or

13

press coverage regarding the fact that Facebook

14

processes messages?

15

A

I do not.

16

Q

Do you know if she ever saw a URL preview

17

13:27:56

before sending a Facebook message with a URL?

18

A

I do not.

19

Q

And you don't remember -- tell me if I'm

20

wrong -- but when you received this message on

21

July 31st, 2013, whether there was a URL attachment

22

to the message?

23

A

I do not.

24

Q

13:28:15

Do you know what kind of browser

25

was using when she sent this message?

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A

I do not.

13:33:23

2

Q

Let's go ahead and take a look at Message

3

No. 9 on the table, which I believe is also the

4

third message from the top on Exhibit 10.

5

Would you agree this is a message from

6
7

13:34:03

to you on August 8, 2011, at 7:09
a.m. Pacific time?

8

A

Yes.

9

Q

And she included two URLs in the message.

10

Do you see that?

13:34:33

11

A

Yes.

12

Q

Did I pronounce her name correctly, by the

14

A

It's "

15

debate.

16

Q

13

way?
but it's up for
13:34:49
We were debating that yesterday, including

17

whether or not you had to have sort of a fancy

18

Italian accent when you said it.

19
20
21

Who is she?
A

She is a friend from college and former

13:35:01

roommate.

22

Q

Where does she live?

23

A

She lives in

24

Q

Do you know her street address?

25

A

I do not off the top of my head.

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1

Q

Do you know how I can reach her?

2

A

Probably email would be best.

3

Q

Do you have her email address?

4

A

I don't right now, no.

5

Q

Is she aware of your lawsuit against

6

13:35:26

13:35:35

Facebook?

7

A

No, not that I'm aware of.

8

Q

Do you know if she consented to the

9
10

interception of -- or scanning of this message by
Facebook?

13:35:48

11

A

I do not.

12

Q

Do you know what understanding she had

13

about whether or not the message she sent you was

14

being scanned or intercepted by Facebook?

15

A

I do not.

13:36:00

16

Q

Do you know if she ever visited the

17

Facebook developer page that stated that URL

18

attachments were included in the "Like" count?

19

A

I do not.

20

Q

Do you know if she ever saw an article or

21

press coverage regarding the fact that Facebook was

22

13:36:10

processing messages?

23

A

I do not.

24

Q

Do you know if she ever saw a URL preview

25

before sending a message with a URL?

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A

I do not.

13:36:22

2

Q

Do you recall whether there was a URL

3

attachment to the message she sent you on August 8,

4

2011?

5

A

Yes.

6

Q

You -- there was a URL attachment?

7

A

Yeah.

8

Q

I'm sorry.

9
10

13:36:41

It's listed on the chart here.
What do you mean?

I'm sorry.

When I say "URL attachment," I mean -- I'm sorry.
URL preview.

11

My bad.

My bad.

Sorry.

13:36:56

There's a connection between the URL

12

attachment and the URL preview, but I apologize for

13

the -- for the confusion.

14

Let me try it again.

Was there -- do you recall whether or not

15

there was a URL preview in that message that she

16

sent you?

17

A

I do not.

18

Q

13:37:09

I assume you don't know what kind of a

19

browser she was using when she sent this message.

20

A

I do not.

21

Q

You don't know if she had JavaScript

22

13:37:22

enabled on that browser?

23

A

I do not.

24

Q

What was the general subject matter of

25

this message?

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1

Q

Do you know her email address?

2

A

Not right now.

3
4
5

13:39:42

Not off the top of my

head, no.
Q

I gather you're not -- you don't know if

she's aware of your lawsuit.

13:39:50

6

A

I do not.

7

Q

If I wanted to reach her, what would be

8

the best way?

9

A

10

Probably email.
MR. JESSEN:

11

Q

13:40:04

deposition in

12

Do you guys want to do a

Do you know if

consented

13

to the interception or scanning of any of these

14

three message she sent you in 2014?

15

A

I do not.

13:40:24

16

Q

Do you know what understanding she had

17

when she sent these three messages regarding whether

18

or not the messages were being scanned or

19

intercepted by Facebook?

20

A

I do not.

21

Q

Do you know if

13:40:37
ever

22

visited the Facebook developer page that stated that

23

a URL attachment was included in the "Like" count?

24

A

I do not.

25

Q

Do you know if she ever saw articles or

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press coverage regarding the fact that Facebook was

2

processing messages?

3

A

I do not.

4

Q

13:40:53

Do you know if she ever saw a URL preview

5

before sending a Facebook message with a URL?

6

A

I do not.

7

Q

13:41:02

Do you recall whether these three messages

8

represented in Rows 5, 6 and 7 on your chart had URL

9

previews in them?

10

A

I do not.

I don't recall.

11

Q

Do you know whether or not any of those

12

URLs had a Facebook "Like" button social plug-in at

13

13:41:16

the time she sent these messages?

14

A

I do not.

15

Q

Do you know what kind of browser she was

16

13:41:40

using when she sent these messages?

17

A

I do not.

18

Q

Do you know if she had JavaScript enabled?

19

A

I do not.

20

Q

Just walking through 5, 6 and 7, and I'm

21

happy to break it up if you like, can you just sort

22

of tell me, maybe taking one at a time, the general

23

13:41:52

subject matter of these messages?

24
25

MR. RUDOLPH:

I'm going to take this

opportunity to designate this transcript

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2

A

To the best of my knowledge, there was

Q

Okay.

13:43:21

not.

3
4

table?

5

And then what about No. 7 in the

message?

6

What was the general subject matter of that

A

13:43:30
Sure.

So No. 7, I believe that was

7
8
9
10

13:43:49

11
12
13
14
15
16

Q

Do you recall if you responded to that

13:44:06

message?

17

A

I do not recall at this time.

18

Q

Okay.

Let's take a look at No. 10 in the

19

table which I believe is the fourth message down on

20

Hurley Exhibit 10.

21

13:44:37

Does that appear to be correct to you?

22

A

Yes, it appears to be correct.

23

Q

This is a message from

24
25

to

you, dated July 21st, 2011, correct?
A

Yes.

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1

Q

And who is

2

A

Honestly, I do not recall.

3

Q

Do you know if she was a stranger or you

4
5

13:44:58

had some connection with her?
A

To the best of my knowledge, if I remember

6

right, in the message she was asking, like, "Is this

7

13:45:32

this Mike Hurley?"

8
9
10

She was looking for someone who I was not.
So I don't know who she was.

I just got that

message out of the blue.

13:45:44

11

Q

I gather you don't know where she lives.

12

A

I do not.

13

Q

I gather you don't know whether she's

14

aware of your lawsuit.

15

A

Correct.

I do not.

16

Q

You don't know whether or not she

17

consented to the -- any interception or scanning of

18

13:46:01

this message to you?

19

A

I do not.

20

Q

You don't know what understanding she had

21

about whether or not the message was being scanned

22

13:46:12

or intercepted by Facebook?

23

A

I do not.

24

Q

You don't know if she ever visited the

25

Facebook developer page that stated that URL

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attachments were included in the "Like" count?

2

A

I do not.

3

Q

13:46:24

You don't know if she ever saw articles or

4

press coverage regarding the fact that Facebook was

5

processing messages?

13:46:33

6

A

I do not.

7

Q

You don't know if she ever saw a URL

8

preview before sending a message with a URL?

9

A

I do not.

10

Q

Do you recall if this message had a URL

11

13:46:43

preview in it?

12

A

I do not.

13

Q

I assume you don't know what kind of

14

browser she was using when she sent the message.

15

A

I do not.

16

Q

You don't know if she had JavaScript

17

13:46:53

enabled on that browser?

18

A

I do not.

19

Q

And do you know if that URL had a Facebook

20

"Like" button social plug-in?

13:47:03

21

A

I do not.

22

Q

Let's take a look at row 12 on the table

23

that we've been consulting.

And I believe this

24

correlates with the last message on Hurley 2 in

25

Exhibit 10.

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1

at 2:00 p.m.

14:00:52

2

(Recess, 2:00 p.m. - 2:12 p.m.)

3

THE VIDEO OPERATOR:

4

record at 2:12 p.m.

5

We are back on the

BY MR. JESSEN:

6

Q

14:12:11

Mr. Hurley, have you been harmed by

7

Facebook's conduct that you're challenging in this

8

case?

9

A

Yes.

10

Q

How so?

11

A

My privacy was invaded, and basically my

14:12:20

12

right to exclude Facebook from the conversation,

13

basically the direct message between me and the

14

other party, as well as basic corruption of my

15

speech by possibly basically the web crawler or

16

Facebook program basically upping the "Like" counts

17

of a website of a URL in a message.

18

Q

Have you been harmed in any other way?

19

A

14:12:43

There are the actual damages that are

20

basically a product -- or the value of the

21

information that was, I guess, gleaned by the

22

scanning.

23

Q

Anything else?

24

A

Not that I can think of.

25

Q

What do you mean when you say "the value

14:13:21

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2

of the information gleaned by the scanning"?
A

14:13:47

It's mentioned in the complaint somewhere.

3

I'd have to look it up.

4

basically taken from the URL can be used for

5

marketing purposes, or I guess not -- yeah.

6

Q

But the information

14:14:09

Do you have any evidence that information

7

gleaned from these messages was used for marketing

8

purposes?

9

A

Not from these specific messages.

10

Q

But that's what your case is about, right?

11

It's about messages with URLs.

12

saying that you don't have any evidence that URLs

13

contained in messages were ever used for marketing

14

14:15:17

purposes?

15
16

MR. RUDOLPH:

And so are you

Objection.

Form.

Misstates

14:15:35

prior testimony.

17

THE WITNESS:

I'll look in the

18

interrogatory document real quick here.

19

BY MR. JESSEN:

20

Q

Which one are you looking at?

21

A

7, I believe, is the one I'm looking at.

22

14:15:53

In my prior answer, I was thinking or

23

referring to the actual "Like" count in these

24

message cases.

25

But as you can see in -- let's see --

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2

BY MR. JESSEN:
Q

14:27:04

Earlier you also mentioned that one of

3

your types of harm was that your speech had been

4

corrupted.

5
6

What do you mean by that?
A

14:27:14

My speech was corrupted in that -- the

7

passive "Like" function where the URL was scanned,

8

and then once the -- basically the link was followed

9

by the program, if there was a "Like" button

10
11
12
13
14
15

available, it would increase by up to two.
Q

14:27:38

And how is that your speech being

corrupted?
A

I did not personally click "Like" on the

page or -- well, yeah.
Q

But isn't it true that you don't know

16

whether a URL you included in a message ever

17

increased a "Like" button social plug-in count on

18

14:27:59

any website at any time?

19

A

I do not.

20

Q

Have you suffered any economic harm?

21

A

I don't know.

22

Q

Are you aware of any economic harm that

23

14:28:26

you've suffered?

24

A

Not that I'm aware of.

25

Q

Other than you, are you aware of other

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2
3
4

THE WITNESS:

Q

9

You're not aware of any economic harm

you've suffered?
MR. RUDOLPH:

Objection.

THE WITNESS:

Asked and

14:42:20

Correct.

answered.

7
8

14:42:17

BY MR. JESSEN:

5
6

I don't know.

BY MR. JESSEN:
Q

You also mentioned profits that Facebook

10

made from the alleged scanning.

What's your basis

11

for thinking that Facebook has made any profit at

12

all based upon the scanning that you're challenging?

13

MR. RUDOLPH:

Objection.

14

THE WITNESS:

14:42:35

Form.

It's mentioned on page 9 of

15

Exhibit 7, on No. 15, or line 15, I should say.

16

Facebook's business model is predicated on

17

harvesting and monetizing user data.

18

BY MR. JESSEN:

19

Q

I see that.

14:43:42

But my question is, do you

20

have any evidence that Facebook has used the

21

contents of any of your messages, including URLs, to

22

make any profit at all?

23
24
25

MR. RUDOLPH:

Objection.

THE WITNESS:

I do not.

14:44:06

Asked and

answered.
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else?

14:45:43

2

A

I don't know.

3

Q

Have you tried?

4

A

No.

5

Q

You don't have any information that

6

Facebook has ever targeted an advertisement to you

7

based upon anything you've ever put in a message,

8

14:45:49

correct?

9

MR. RUDOLPH:

Objection.

10

THE WITNESS:

Not that I know of.

11

Form.
14:46:00

BY MR. JESSEN:

12

Q

Or in a message you've received?

13

A

Not that I know of.

14

Q

Assuming for the sake of argument that

15

your messages did have some financial value, how

16

would you go about calculating what the value was?

17
18

MR. RUDOLPH:

Objection.

THE WITNESS:

14:46:23

Calls for expert

I would leave that to a

testimony.

19
20

damages expert.

21

BY MR. JESSEN:

22

Q

14:46:37

Would different users -- the value of

23

different users' messages have to be calculated

24

individually?

25

MR. RUDOLPH:

Objection.

Calls for expert

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in here, it looks like it's $10,000 overall.

2

BY MR. JESSEN:

3

Q

14:48:43

And would your answer be the same for the

4

California Invasion of Privacy Act, $5,000 overall

5

as opposed to $5,000 per message?

6
7

MR. RUDOLPH:

10

Calls for a

legal conclusion.

8
9

Objection.

14:48:54

THE WITNESS:

I'm not a lawyer, once

again, but the way I understand it, yes.
BY MR. JESSEN:

11

Q

14:49:02

Is it accurate that you first became aware

12

that Facebook, to use your term, scans private

13

messages containing URLs in or around December 13th

14

during the telephone conversation with Melissa

15

Gardner?

16

14:49:45
MR. RUDOLPH:

Objection.

17

misstates prior testimony.

18

I think that

December 13th.

19
20
21

MR. JESSEN:
Sorry.

I think you said

I meant December 2013.

I did misspeak, it looks like.
Q

Let me back up.

14:49:59

Remember earlier you

22

talked about having a conversation with Melissa

23

Gardner where you volunteered to be a plaintiff?

24

A

Yes.

25

Q

Was it during that conversation that you

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learned of the, quote, scanning that you're

2

14:50:10

challenging in this complaint?

3

A

Yes.

4

Q

You didn't know about the alleged scanning

5

before then, right?

14:50:22

6

A

Correct.

7

Q

Did you know about any kind of processing

8

of Facebook messages before your conversation with

9

Ms. Gardner in December 2013?

10

MR. RUDOLPH:

Objection.

11

THE WITNESS:

I did not.

12
13

Vague.

14:50:34

BY MR. JESSEN:
Q

So the basis for your allegations in the

14

complaint and in the first amended complaint is

15

based upon what Ms. Gardner told you?

16
17

14:50:49

MR. RUDOLPH:

Objection.

Misstates prior

THE WITNESS:

It's based on the articles

testimony.

18
19

and findings of the articles in the complaint.

20

supports what I was told by Ms. Gardner.

21

BY MR. JESSEN:

22
23

Q

That
14:51:25

Did you first learn about those during

that conversation with Ms. Gardner?

24

A

Yes.

25

Q

During that phone call, did you

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immediately agree to become a plaintiff in this

2

case?

3
4

MR. RUDOLPH:

Objection.

14:51:46

Vague, misstates

prior testimony.

5

THE WITNESS:

We spoke about just normal

6

kind of day-to-day catching up stuff for a while.

7

And once the subject was brought up and she asked if

8

I knew of anybody, I volunteered right away.

9

14:52:08

BY MR. JESSEN:

10

Q

During the call?

11

A

Yes, during the call.

12

Q

She told you during that call that she had

13

become aware that Facebook was scanning private

14

14:52:18

messages containing URLs?

15

A

Yes.

16

Q

Did she provide a basis for that

17

14:52:35

information?

18

MR. RUDOLPH:

So in light of Mr. Hurley's

19

testimony, I'm going to instruct Mr. Hurley not to

20

answer unless he can do so without relaying

21

information or contents of his communications with

22

Ms. Gardner that occurred after he agreed to become

23

a -- or volunteered to become a plaintiff in that

24

case.

14:52:47

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Is it accurate to say you never

2

contemplated bringing a lawsuit against Facebook

3

14:56:19

before you spoke with Ms. Gardner?

4
5

MR. RUDOLPH:

8
9

Asked and

answered.

6
7

Objection.

14:56:25
THE WITNESS:

Yes.

BY MR. JESSEN:
Q

Prior to the time that you volunteered to

be a plaintiff on the call, did Ms. Gardner say

10

anything about there possibly being a monetary

11

recovery from the lawsuit?

12

A

No.

13

Q

14:56:49

Just so I understand, when you were

14

speaking with her on the phone -- well, strike that.

15
16
17
18
19
20

During that conversation, did you ask her

14:57:15

for any legal advice?
A

Could you define "legal advice" in this

context?
Q

Did you ask her for her legal opinion on

any particular issue?

14:57:48

21

MR. RUDOLPH:

So -- you can answer.

22

THE WITNESS:

Okay.

23
24
25

Not that I recall.

BY MR. JESSEN:
Q

And at the time you had this telephone

call, you were not aware that there were other class

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A

No.

2

Q

Patrick Dahlstrom?

3

A

No.

4

Q

Lionel Glancy?

5

A

No.

6

Q

John Tostrud?

7

A

No.

8

Q

You've never been represented by any of

9

15:00:38

15:00:44

those attorneys before this lawsuit?

10

A

No.

11

Q

And you've known Ms. Gardner since 2001?

12

A

Yes.

13

Q

And you guys met in college?

14

A

Yes.

15

Q

And you've remained friends since then?

16

A

Yes.

17

Q

Would you say that you have a close

18

MR. RUDOLPH:

20

MR. JESSEN:

15:01:08

relationship with her?

19

15:00:53

Objection.

Vague.

Strike that.

21

Q

22

friend?

23

A

Yes.

24

Q

Have you guys traveled together at all?

25

A

Yes.

15:01:29

Would you consider her to be a close

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Q

Where have you gone?

2

A

One time we went from Bellingham to

3

15:01:43

Kentucky, to Lexington, and back.

4

Q

When was that?

5

A

That was -- gosh.

6

I think that was the

15:02:01

summer of 2002, I believe.

7

And then we traveled -- I don't know that

8

we traveled together, but a few college friends met

9

up in New Orleans in January for a few days.

10

Q

January of this year?

11

A

Of this year.

12

Q

Any other travels with her?

13

A

15:02:23

I believe I drove between -- I think it's

Yes.

14

Bellingham and -- I think Bellingham and Portland at

15

one point.

15:02:54

16

Q

When would that have been?

17

A

Gosh.

That would have been I think

18

probably 2004, I believe.

19

couple of times in around -- sort of between 2008

20

and 2011 where I picked her up from her family home

21
22

There were probably a

15:03:31

, and drove back to my
house in

23

and then back.
That's about all I can think of at the

24

moment.

25

Q

The trip in the summer of 2002 I think you

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said between Bellingham, Washington, and Kentucky,

2

was that a road trip, driving?

3

A

Yes.

4

Q

Do you know her family?

5

A

Yes, I've met them a few times.

6

Q

15:03:54

Would you describe your relationship as

7

merely a friendship or has it ever been more than

8

15:04:15

that?

9

MR. RUDOLPH:

Objection.

10

THE WITNESS:

Friendship.

11

Vague.
15:04:41

BY MR. JESSEN:

12

Q

Just a friendship?

13

A

Yeah.

14

MR. RUDOLPH:

15

Asked and

answered.

16

Objection.

BY MR. JESSEN:

17
18
19
20
21
22

Q

15:04:48

Who is paying the fees and expenses of

your lawyers in this case?
A

To the best of my knowledge, it's Lieff

Cabraser.
Q

15:05:08
Are you paying any of the plaintiffs'

lawyers fees or expenses?

23

A

Not currently.

24

Q

Do you expect to in the future?

25

A

Not that I'm aware of.

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with?

15:08:28

2

A

Lieff Cabraser.

3

Q

Okay.

4

And did you negotiate the terms of

that agreement?

5

A

No.

6

Q

They just sent you an agreement and you

7

15:08:35

signed it?

8

A

Yes.

9

Q

Okay.

10

Let's talk about your reading

habits a little bit.

11

Maybe it will be interesting.

15:08:52

Let me know if you read any of the

12

following newspapers, or if you've read any of the

13

following newspapers, let's say, since 2008:

14

The Portland Tribune?

15

A

Possibly.

15:09:13

16

Q

What about the Portland Press Herald?

17

A

Not that I'm aware of.

18

Q

New York Times?

19

A

Yes.

20

Q

The Los Angeles Times?

21

A

Not that I'm aware of.

22

Q

Time Magazine?

23

A

I believe so.

24

Q

Business Insider?

25

A

I don't recall.

15:09:26

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Q

2

Wall Street Journal?
MR. RUDOLPH:

15:09:46

Objection as to time frame.

3

I know you said starting in 2008.

4

clarify whether you mean up until the present or

5

prior to the filing of the complaint.

6

MR. JESSEN:

7
8

Q

I just want to

15:10:00

Either one.

Let's talk about prior to filing of the

complaint.

9

A

Okay.

10

Q

So I guess October 2008 until

11

Sorry.
15:10:10

December 2013.

12

A

I just want to mention one thing.

13

Q

Sure.

14

A

A lot of -- I have a couple of news apps

15

on my phone and stuff, so a lot of that content

16

comes from multiple different papers and magazines

17

and stuff.

18

every one I -- or the link that goes to wherever it

19

goes.

20
21

Q

15:10:25

So I don't necessarily remember exactly

I understand.

Yeah.

It's not a -- I'm

15:10:35

just asking to the best of your recollection.

22

A

Sure.

23

Q

What news apps do you have on your phone?

24

A

The ones I have right now are News

25

Republic, BBC News.

What's the other one?

NPR, and

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ABC, or ABC News, I should say.

2

the only ones I use currently.

3
4

Q

I believe those are

15:10:58

During that referenced time period, have

you ever read The Wall Street Journal?

5

A

I believe so.

6

Q

How about Sports Illustrated?

7

A

Yes.

8

Q

Let's talk about websites, and I'm curious

9
10

15:11:14

to know if you ever visited any of these websites.
Forbes.com?

15:11:28

11

A

Not that I'm aware of.

12

Q

It's the same time period as earlier.

13

A

Sure.

14

Q

Foxnews.com?

15

A

Not that I'm aware of.

16

Q

Huffington Post?

17

A

Yes.

18

Q

Huffington Post Tech?

19

A

Not that I'm aware of.

20

Q

CNET?

21

A

Yes.

22

Q

Vice.com?

23

A

I believe so.

24

Q

The Wall Street Journal Digits blog?

25

A

Not that I'm aware of.

15:11:38

15:11:48

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Q

Mashable?

15:12:08

2

A

Not that I'm aware of.

3

Q

Politico?

4

A

Not that I'm aware of.

5

Q

Wired?

6

A

I believe so, yes.

7

Q

Tech Radar?

8

A

Not that I'm aware of.

9

Q

The Daily Beast?

10

A

I believe so.

11

Q

MSNBC.com?

12

A

Not that I recall.

13

Q

The Next Web?

14

A

Not that I recall.

15

Q

The Onion?

16

A

Yes.

17

Q

That's a good one.

18

A

Yes.

19

Q

Gizmodo?

20

A

Not that I'm aware of.

21

Q

CNN.com?

22

A

Yes.

23

Q

The Guardian?

24

A

Not that I'm aware of.

25

Q

Tech Spot?

15:12:15

15:12:26

15:12:38

PC Mag?

15:12:51

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A

Not that I'm aware of.

2

Q

The Wall?

3

A

Not that I'm aware of.

4

Q

Daily Tech?

5

A

Not that I'm aware of.

6

Q

Stack Overflow?

7

A

Not that I'm aware of.

8

Q

Inside Facebook?

9

A

Not that I'm aware of.

10

Q

What about Slate?

11

A

Not that I'm aware of.

12

Q

CNN tech?

13

A

Not that I recall.

14

Q

Consumerist?

15

A

Not that I'm aware of.

16

Q

Julian Evans' blog?

17

A

Not that I recall.

18

Q

Social Times?

19

A

Not that I recall.

20

Q

The Verge?

21

A

Not that I recall.

22

Q

Web Pro News?

23

A

Not that I recall.

24

Q

Motherboard?

25

A

Not that I recall.

15:13:03

15:13:11

15:13:23

15:13:35

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Q

NPR?

2

A

Yes.

3

Q

BBC?

4

A

Yes.

5

Q

Have you ever reviewed any pages on

6

15:14:00

15:14:42

Facebook regarding its social plug-in technology?

7

A

Not that I recall.

8

Q

And I believe you testified about this

9

earlier, but just to confirm, you never reviewed the

10

Facebook developer guidance which was publicly

11

available which stated that the number of inbox

12

messages containing a link to a page will count as

13

"Likes"?

14

A

Correct.

15

MR. RUDOLPH:

Objection.

16

THE WITNESS:

Sorry.

17
18

15:15:01

Form.

15:15:16

Correct.

BY MR. JESSEN:
Q

Earlier -- we talked a lot today about

19

your allegation that Facebook was scanning

20

people's -- scanning URLs contained in private

21

messages.

22

What's your understanding about -- we

23

obviously take issue with that, but what's your

24

15:16:04

understanding about why Facebook was doing that?

25

MR. RUDOLPH:

Objection.

Form.

Calls for

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MR. RUDOLPH:

Objection.

2

THE WITNESS:

Not as I'm concerned, no.

3

Form.

15:40:17

BY MR. JESSEN:

4

Q

From your perspective it's not?

5

A

Yeah.

6

Q

You obviously can't speak on behalf of

7

other Facebook users.

8
9

MR. RUDOLPH:

12

Objection.

THE WITNESS:

Form.

Asked and

I can't.

answered.

10
11

15:40:28

15:40:36

BY MR. JESSEN:
Q

Do you object to any kind of processing or

13

scanning of a message that's not necessary to send

14

the message?

15
16

MR. RUDOLPH:

Objection.

Form.

Vague,

15:40:48

ambiguous as to "processing."

17

THE WITNESS:

18

"processing"?

19

Yeah, could you define

BY MR. JESSEN:

20
21

Q

Let's take "processing" out of the

15:41:13

question.

22

Do you object to any kinds of -- and I'm

23

using your term "scanning" -- do you object to any

24

kind of scanning of a Facebook message that's not

25

necessary to send the message?

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A

Yes.

2

Q

What exactly is necessary to send a

3

Facebook message?

4
5

15:41:34

MR. RUDOLPH:

Objection.

Form.

Calls for

expert testimony, calls for speculation.

6

THE WITNESS:

7

expert.

8

15:41:40

I'm not an electronics

BY MR. JESSEN:

9

I don't know.

Q

You don't know what's necessary to send a

10

Facebook message, but if there's a process involved

11

in sending it that's not necessary, you do object to

12

that; do I have that right?

13

MR. RUDOLPH:

14

testimony.

15

Objection.

15:41:50

Misstates prior

Again, ambiguous as to "process."

BY MR. JESSEN:

15:42:28

16

Q

You can answer if you understand.

17

A

I would say yes.

18
19

MR. JESSEN:
Counsel.

20

MR. RUDOLPH:

21

MR. JESSEN:

22
23

No further questions,

I have no questions.

15:42:48

Thank you very much for your

time today, Mr. Hurley.
THE VIDEO OPERATOR:

This is the end of

24

today's deposition of Mr. Michael Hurley.

25

off the record at 3:42 p.m.

Thank you.

We are
Total

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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: July 16, 2015

23
24

<%signature%>

25

CARLA SOARES
CSR No. 5908
Page 193
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