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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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:
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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
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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.
13:13:02
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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
13:16:48
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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.
13:35:24
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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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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
13:42:06
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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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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
13:46:22
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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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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 --
14:18:10
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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
14:28:47
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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
14:46:49
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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
14:50:09
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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
14:51:44
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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
15:10:47
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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
15:13:47
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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
15:16:18
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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?
15:41:24
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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
15:42:55
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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
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