Campbell et al v. Facebook Inc.

Filing 182

EXHIBITS re 181 Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Exhibit 11 (Unredacted), # 2 Exhibit 12 (Redacted), # 3 Exhibit 13 (Unredacted), # 4 Exhibit 14 (Redacted), # 5 Exhibit 15 (Unredacted), # 6 Exhibit 16 (Redacted), # 7 Exhibit 17 (Unredacted), # 8 Exhibit 18 (Redacted), # 9 Exhibit 19 (Unredacted), # 10 Exhibit 20 (Redacted), # 11 Exhibit 21 (Unredacted), # 12 Exhibit 22 (Redacted), # 13 Exhibit 23 (Unredacted), # 14 Exhibit 24 (Redacted), # 15 Exhibit 25 (Unredacted), # 16 Exhibit 26 (Redacted), # 17 Exhibit 27 (Unredacted), # 18 Exhibit 28 (Redacted))(Related document(s) 181 ) (Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

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CONFIDENTIAL 1 IN THE UNITED STATES DISTRICT COURT FOR THE 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MATTHEW CAMPBELL, MICHAEL 5 HURLEY and DAVID SHADPOUR, 6 Plaintiffs, 7 VS. Case Number 8 FACEBOOK, INC., C 13-05996 PJH 9 10 Defendant. _________________________________________ 11 12 CONFIDENTIAL 13 14 15 16 DEPOSITION OF TAKEN ON BEHALF OF THE DEFENDANT ON AUGUST 10, 2015, BEGINNING AT 8:59 A.M. 17 IN LITTLE ROCK, ARKANSAS 18 19 20 21 Reported by: 22 Cheryl D. Glenn, CSR, RPR 23 JOB No. 2115706 24 25 PAGES 1 - 166 Page 1 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 Q. How did you do that? How did you dig in and find out how ads work? 09:49:16 09:49:19 3 A. Facebook help pages on ads. 09:49:23 4 Q. When did you review the Facebook help pages 09:49:29 5 on ads? 6 7 A. Gosh. 09:49:32 When was that? It was probably 2013, 2014, somewhere in there. 09:49:40 09:49:58 8 Q. Did you visit the Facebook developer site? 09:49:59 9 A. I've been there, yeah. 09:50:08 Q. When have you visited the Facebook developer 09:50:13 10 11 site? 09:50:15 12 A. I'm not sure. 09:50:18 13 Q. What's your best estimate? 09:50:26 14 A. Probably when I was looking at the ad stuff 09:50:31 15 and helping him with that. 16 that period. 17 So, 2013, 2014, right in 09:50:35 09:50:44 Q. So, you think the first time that you visited 09:50:45 18 the Facebook developer site was probably in 2013 or 09:50:51 19 2014? 09:50:54 20 A. Yeah. 09:50:55 21 Q. Might you have visited the developer site 09:50:56 22 before then? 09:50:59 23 A. It's possible. 09:51:00 24 Q. You mentioned before that these are targeted 09:51:13 25 ads? 09:51:20 Page 39 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 Q. Thank you. 10:51:21 Do you have an understanding of what goes into the 10:51:23 3 like count that's listed here next to these articles 10:51:27 4 or next to the -- I guess let's take them in turn. 10:51:30 5 Do you have an understanding of what goes into the 10:51:34 6 like count next to the like button on these articles? 10:51:36 7 A. My understanding is it is a count of the 10:51:39 8 9 10 11 people who have clicked the like buttons. Q. On what -- what facts do you base that understanding? 10:51:43 10:51:54 10:52:10 A. I don't know that there's specific facts, but 10:52:14 12 I base that on my understanding of the functionality 10:52:18 13 of the button. 10:52:24 14 count the number of people who have clicked like. 15 16 It just seems logical that it would Q. Do you think it's beneficial to have Facebook social plug-in functionality on the website? 10:52:30 10:52:37 10:52:42 17 A. Yes. 10:52:46 18 Q. Can you explain what -- what you think the 10:52:47 19 benefits are? 10:52:49 20 A. The benefits are helping to expand the reach 10:52:50 21 of articles, just to generate awareness of -- of how 10:53:03 22 many people find the article interesting, I guess. 10:53:18 23 It would be how quantify that. 10:53:28 24 10:53:34 25 10:53:43 Page 67 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 10:53:46 2 10:53:52 3 10:53:56 4 10:54:06 5 10:54:09 6 10:54:14 7 10:54:14 8 10:54:17 9 10:54:27 10 A. I don't recall. 10:54:28 11 Q. If the company website has Facebook 10:54:33 12 functionality, would you have been the person who 10:54:46 13 installed it? 10:54:49 14 MR. CARNEY: 15 THE WITNESS: 16 think it does, though. 17 Q. (By Ms. Maute) 18 Object to form. Not necessarily. 10:54:51 I don't 10:54:58 10:55:04 Who else has control over the company website? 10:55:07 10:55:10 19 A. Nobody. 10:55:10 20 Q. Do you understand you were the only person 10:55:14 21 who has made changes to that website since its 10:55:17 22 creation? 10:55:21 23 A. Yes. 10:55:21 24 Q. Have you ever run ads on the company website? 10:55:22 25 A. No. 10:55:30 Page 68 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Q. Is there a Facebook page for the site? 10:55:31 2 A. Yes. 10:55:35 3 Q. When is the last time -- did you create the 10:55:36 4 Facebook page website? 10:55:47 5 A. Yes. 10:55:48 6 Q. When is the last time that you made any 10:55:48 7 changes to the Facebook pages for the company 10:55:51 8 website? 10:55:54 9 A. Probably a year or two ago. I think that's 10:55:54 10 when I set it up maybe -- well, it's been longer than 10:56:01 11 that. 10:56:06 12 Q. And -- 10:56:10 13 A. I think I updated our address or our office 10:56:11 14 hours or something like that about a year or two ago. 10:56:14 15 I had created the page probably four or five years 10:56:18 16 ago and just never did anything with it. 10:56:21 17 Q. Why did you create the page? 10:56:26 18 A. Well, I had intended to increase visibility 10:56:28 19 online but never got around to it. Correct? 10:56:37 20 Q. You're a Facebook user. 21 A. Yes. 10:56:52 22 Q. What is your Facebook username? 10:56:53 23 24 25 10:56:42 10:56:56 Q. What e-mail addresses have you associated with your Facebook account? 10:56:59 10:57:02 Page 69 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 allegations in this suit to be true? 2 MR. CARNEY: 3 THE WITNESS: 4 Q. (By Ms. Maute) 5 11:54:22 Object to form. 11:54:24 I have no idea. 11:54:25 Have you investigated at all 11:54:29 about the Plaintiffs' claims? 11:54:35 6 A. No. 11:54:37 7 Q. I think you testified earlier that you have 11:54:37 8 sent Facebook messages since learning about this 11:54:45 9 lawsuit -- 11:54:47 10 A. Yes. 11:54:48 11 Q. -- is that correct? 11:54:48 12 13 So, you continue to use Facebook after you've learned of this lawsuit. 11:54:49 Is that correct? 11:54:53 14 A. Yes. 11:54:54 15 Q. Why? 11:54:55 16 A. It's convenient. As far as use of that 11:54:56 17 content to possibly deliver ads, my understanding is 11:55:11 18 that the suit only covers a specific time period. 11:55:15 19 2010 to 2012 I think was the range. 11:55:24 20 being done with it is no longer being done with it, 11:55:30 21 is my understanding. 11:55:33 22 So, whatever was Q. How did you come to understand that the 11:55:37 23 lawsuit is about a specific time period? 11:55:42 24 A. These guys told me (indicating). 11:55:44 25 Q. Is it correct that you did not learn about 11:55:51 Page 101 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. Yes. 2 Q. -- that was sent previously? 12:04:25 3 A. Yes. 12:04:25 4 Q. Are you aware that Facebook's developer page 12:04:35 5 disclosed the -- that the number of likes displayed 12:04:40 6 on a third-party web page is derived in part from the 12:04:45 7 number of messages that contain a URL to that page? 12:04:49 8 A. No. 9 10 MR. CARNEY: Q. (By Ms. Maute) 12:04:52 Object to form. 12:04:52 Do you personally object to 12:05:04 11 processing of Facebook messages to increase the like 12:05:06 12 -- the aggregate like count on a third-party website? 12:05:11 13 A. Can you say that again? 12:05:17 14 Q. Do you personally object to processing of 12:05:18 15 messages to increase the like count, the aggregate 12:05:22 16 anonymous like count on a third-party website? 12:05:34 17 A. Yes. 12:05:35 18 Q. Why? 12:05:36 19 A. Because just because I send a link in a 12:05:36 20 message does not mean I like that content. It could 12:05:39 21 actually be something I find totally offensive. 12:05:41 22 Q. So, do I understand you correctly that, 12:05:44 23 because you may not want to benefit the -- the owner 12:05:52 24 of that website, you wouldn't want the like count to 12:05:57 25 increase? 12:06:01 Page 108 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. Correct. 12:06:01 2 Q. Any other reason? 12:06:02 3 A. No, not that I can think of. 12:06:07 4 Q. Do you personally object to processing 12:06:11 5 6 7 8 9 messages to serve target advertising? A. Okay. 12:06:15 Can you be more specific with that? 12:06:31 I'm not sure exactly what you're asking. 12:06:34 Q. Does whether you object to processing 12:06:36 messages for target advertising depend on what 12:06:40 10 information related to a message would be included 12:06:45 11 for target advertising? 12:06:48 12 MR. CARNEY: 13 THE WITNESS: Object to form. 12:06:50 By processing messages for 12:06:52 14 targeted advertising, do you -- if -- if that means 12:07:06 15 using content of messages to provide some source or 12:07:13 16 reference as to how ads could be targeted to that 12:07:23 17 user, then yes. 12:07:26 18 a known option that I could opt out of. 19 I -- I would opt out of that were it Q. (By Ms. Maute) Okay. 12:07:34 If -- if users were 12:07:37 20 aggregated into groups based on the inclusion of URLs 12:07:46 21 in their messages and that information was available 12:07:51 22 for target advertising, would you object to that 12:07:55 23 practice? 12:07:58 24 25 MR. CARNEY: Object to form, asked and answered. 12:07:59 12:08:05 Page 109 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 THE WITNESS: I think, in general, I would 12:08:06 2 object to any of my content in messages being used 12:08:13 3 for anything other than delivering a message to the 12:08:16 4 -- to the recipient. 12:08:23 5 Q. (By Ms. Maute) I'm going to refer back to 12:08:25 6 the specific question because it's -- it's more 12:08:27 7 narrow. 12:08:29 8 A. Okay. 12:08:30 9 Q. If users were aggregated, so no individual 12:08:31 10 user information, based on inclusion of URLs in their 12:08:37 11 messages, and that information was an available 12:08:44 12 bucket for target advertising, would you object to 12:08:52 13 that practice? 12:08:55 14 15 16 17 18 19 MR. CARNEY: Object to form, asked and 12:08:55 answered. 12:08:57 THE WITNESS: I do not like that practice 12:08:57 if that is what is occurring or were to occur. Q. (By Ms. Maute) 12:09:00 Would you stop using Facebook if that practice were occurring? 20 MR. CARNEY: 21 THE WITNESS: 12:09:05 12:09:08 Objection, asked and answered. I don't know that I would 12:09:10 12:09:14 22 stop using Facebook, but I would probably curve my 12:09:15 23 use of URLs in messages. 12:09:23 24 25 Q. (By Ms. Maute) Would you stop including URLs in messages if that practice were occurring? 12:09:31 12:09:33 Page 110 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 MR. CARNEY: asked and answered. 3 I object to the extent that's 12:09:36 I can't remember if it has. THE WITNESS: 12:09:39 I would stop sending messages 12:09:48 4 with URLs of anything I objected to for certain, 12:10:00 5 because I wouldn't want to be associated with the 12:10:06 6 content. 12:10:08 7 Q. (By Ms. Maute) So, if the practice of 12:10:15 8 aggregating user base -- users based on the inclusion 12:10:23 9 of URLs in messages were a part of target 12:10:26 10 advertising, you might change your usage but it would 12:10:31 11 depend on how precisely the target advertising 12:10:34 12 worked. 12:10:37 Is that correct? 13 14 MR. CARNEY: Q. (By Ms. Maute) Object to form. 12:10:38 Is it correct that you would 12:10:55 15 not necessarily discontinue your inclusion of URLs in 12:10:56 16 messages if Facebook were conducting the practice 12:11:03 17 that I described? 12:11:07 18 correctly? 19 20 25 Object to form, calls for 12:11:10 speculation. THE WITNESS: 12:11:12 Does that mean I still 12:11:16 answer? 23 24 12:11:09 MR. CARNEY: 21 22 Do I understand your testimony 12:11:22 MR. CARNEY: Yes. I'm sorry, yes. Yes. 12:11:22 I'm sorry. 12:11:24 THE WITNESS: My usage habits would change. 12:11:25 Page 111 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 3 4 5 I don't know that I would stop, but it would bug me. Q. (By Ms. Maute) 8 9 10 11 Fair enough. 12:11:42 Do you personally object to processing messages to deliver the message to the recipient? MR. CARNEY: 12:11:55 Object to form. Q. (By Ms. Maute) 12:11:44 12:11:52 A. I do not -- I do not. 6 7 12:11:30 12:11:59 Do you object to processing 12:12:00 of messages to filter messages in folders? 12:12:01 A. No. 12:12:11 Q. Do you object to processing messages for 12:12:12 storage by Facebook on servers? 12:12:17 12 A. No. 12:12:19 13 Q. Do you object to processing messages to block 12:12:21 14 malware? 12:12:25 15 MR. CARNEY: 16 THE WITNESS: 17 Q. (By Ms. Maute) 18 Object to form. I guess not, no. Do you object to processing MR. CARNEY: 20 THE WITNESS: 21 Q. (By Ms. Maute) 22 12:12:36 12:12:39 messages to block viruses? 19 Object to form. MR. CARNEY: 24 THE WITNESS: 25 Q. (By Ms. Maute) 12:12:41 12:12:44 No. 12:12:45 Do you object to processing 12:12:50 messages to block spam? 23 12:12:26 12:12:53 Object to form. 12:12:55 No. 12:12:55 Do you object to processing 12:12:56 Page 112 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 messages for illegal pornography? 2 MR. CARNEY: 3 THE WITNESS: 4 Q. (By Ms. Maute) 5 Object to form. MR. CARNEY: 7 THE WITNESS: 12:13:04 No. 12:13:05 Do you object to processing 12:13:06 messages to detect criminal conduct? 6 12:13:01 Object to form. That's kind of a sketchy 12:13:10 12:13:12 12:13:12 8 question or practice. I wonder -- well, that would 12:13:26 9 depend on exactly what constituted criminal conduct 12:13:37 and how it was being analyzed, I would say. 12:13:40 10 11 12 Q. (By Ms. Maute) Okay. Do you object to processing of messages to detect sexual predators? 13 MR. CARNEY: 14 THE WITNESS: 15 Q. (By Ms. Maute) Object to form. 12:13:45 12:13:49 12:13:53 No. 12:13:54 Do you object to the 12:13:54 16 processing of messages to render the appropriate 12:13:55 17 language? 12:13:59 18 MR. CARNEY: 19 THE WITNESS: 20 Q. (By Ms. Maute) Object to form. 12:14:01 No. 12:14:01 Do you object to processing 12:14:03 21 of messages to properly format the message when 12:14:05 22 displayed to the user? 12:14:11 23 A. No. 12:14:12 24 Q. Do you object to the processing of messages 12:14:13 25 to allow for keyword searching? 12:14:17 Page 113 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 MR. CARNEY: 2 THE WITNESS: 3 Q. (By Ms. Maute) 4 Go ahead. 12:14:22 No. 12:14:24 Do you object to the 12:14:25 processing of messages to generate URL previews? 12:14:30 5 A. No. 12:14:36 6 Q. Do you understand that this lawsuit is a 12:14:36 7 putative class action lawsuit? 8 A. A what class action? 9 Q. A proposed class action. 12:14:55 10 12:14:47 We don't like to 12:14:49 say it's a class action, so... 11 MR. CARNEY: 12:14:51 The ceiling would fall. 12:14:54 12 Q. (By Ms. Maute) It's a proposed class action. 12:14:59 13 A. Yes. 12:15:02 14 Q. Do you understand what class the -- the named 12:15:04 15 plaintiffs seek to represent in this case? 12:15:07 16 A. I don't know what that means. 12:15:10 17 Q. Do you understand -- understand what the 12:15:12 18 proposed class of persons is who are -- who are being 12:15:16 19 represented by Mr. Campbell? 12:15:21 20 21 22 23 A. I -- I'm not sure what the class is defined 12:15:23 as. 12:15:27 Q. Okay. I think you referenced earlier that 12:15:27 you understood that there was a -- a time period? 12:15:30 24 A. Yes. 12:15:32 25 Q. Do you -- what do you understand the relevant 12:15:32 Page 114 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 A. I just really don't know. Never thought 01:28:33 about it. 01:28:35 3 Q. More than 10? 01:28:37 4 A. Sure. 01:28:38 5 Q. Somewhere between 10 and hundreds? 6 Yes, more than 10. Okay. 01:28:40 How many messages that you've sent or received 01:28:44 7 included a preview of the website associated with the 01:28:53 8 URL? 01:28:57 9 10 11 A. I have no earthly idea. 01:28:57 Q. Can I -- I think I already gave you the 01:28:59 example of the URL preview, Exhibit Number 7? 01:29:06 12 A. Yeah. 01:29:09 13 Q. I think earlier you said you recalled seeing 01:29:09 14 URL previews like this one when you sent a message. 01:29:20 15 Is that correct? 01:29:23 16 A. Yes. 01:29:23 17 Q. When was the first time you saw a URL 01:29:24 18 preview? 01:29:29 19 A. I have no idea. 01:29:29 20 Q. How many times do you think you've seen a URL 01:29:31 21 22 preview? 01:29:40 A. Most likely every time I've sent a message 01:29:42 23 with a URL in it since the feature was added to 01:29:46 24 Facebook. 01:29:51 25 Q. So -- 01:29:51 Page 121 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. Whenever that would have been. 01:29:52 2 Q. -- you think you might have seen hundreds of 01:29:54 3 URL previews? 01:29:57 4 A. Sure. 01:29:58 5 Q. Do you know if you can look in your inbox and 01:30:06 6 check whether a URL preview was generated for a given 01:30:10 7 message? 01:30:14 8 9 10 A. Are you asking if I could do a search to find it or -- 01:30:19 01:30:22 Q. I'm asking if you know that if you go and 01:30:22 11 look in your messages, you would be able to see if 01:30:25 12 there was a preview when the -- 01:30:27 13 A. I -- 01:30:29 14 Q. -- message -- 01:30:29 15 A. -- I would presume that would be the case. I 01:30:30 16 don't know with certainty because I haven't had a 01:30:35 17 reason to go looking to see if the preview is there 01:30:37 18 or not. 01:30:40 19 20 Q. And are you -- you're presuming that just because you've seen the URL preview before? 01:30:41 01:30:45 21 A. Yes. 01:30:48 22 Q. Did you ever see a URL preview and delete it 01:30:48 23 24 25 before sending a message? A. I've done it with posts but not -- I don't know about messages. 01:30:57 01:30:58 01:31:04 Page 122 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Q. If you can look -- look at the exhibit. 01:31:06 2 A. Uh-huh. 01:31:10 3 Q. Can you see on the right near the top of the 01:31:10 4 message there's an X? 01:31:14 5 A. Yeah. 01:31:16 6 Q. Do you see that? 01:31:16 7 A. Yeah. 01:31:17 8 Q. Do you understand that if you -- 01:31:18 9 A. Yeah. 01:31:19 Q. -- if you would click on that, it would 01:31:19 10 11 delete the preview? 12 A. Yes. 13 Q. Okay. 01:31:21 14 01:31:22 But you're -- you're -- you aren't 01:31:23 sure if you've ever done that before in a message? 01:31:25 15 A. With a message, I'm not sure. 01:31:32 16 Q. And do you specifically remember seeing a 01:31:34 17 preview, leaving it intact and sending a message? 01:31:41 18 A. Yes. 19 Q. Okay. 01:31:47 In those instances where you saw a 01:31:50 20 preview before the message was sent, what was your 01:32:06 21 understanding of how that preview was generated? 01:32:09 22 A. The preview is generated by the -- by the 01:32:11 23 server processing the URL, going out and checking the 01:32:21 24 page of the website referenced by the URL and pulling 01:32:26 25 the title, description and picture for the preview 01:32:31 Page 123 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 message? 01:35:50 2 MR. CARNEY: 3 THE WITNESS: Object to form. 01:35:50 Not necessarily because the 01:35:58 4 URL could be at any point in the message before it's 01:36:03 5 complete, so it's not necessarily scanning the 01:36:08 6 message as much as it's scanning the edit box looking 01:36:12 7 for the URL itself. 01:36:18 8 9 Q. (By Ms. Maute) So, at least in those 01:36:24 instances where you saw a URL preview before you sent 01:36:31 10 the message, you understood that there was a process 01:36:37 11 being applied to the text in the edit box looking for 01:36:42 12 the URL. 01:36:47 Is that correct? 13 A. Yes. 01:36:49 14 Q. Earlier I asked you about the -- the browsers 01:36:50 15 that you've used before -- 16 A. Uh-huh. 17 Q. -- and you listed a few. 01:37:02 18 01:37:02 How many different browsers have you used to log into Facebook? 01:37:03 01:37:06 19 A. Four that I know of. 01:37:10 20 Q. And I believe those are the same four you 01:37:11 21 mentioned earlier? 01:37:13 22 A. Yes. 01:37:14 23 Q. Do you mind just listing them again? 01:37:15 24 A. Internet Explorer, Chrome, Firefox and 01:37:17 25 Safari. 01:37:22 Page 126 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 3 4 5 6 Q. And did -- did your different browsers have 01:37:24 JavaScript enabled, if you know? 01:37:30 A. I -- as far as I know, yes, but I think 01:37:32 Chrome just discontinued support for Java. 01:37:40 Q. Did you ever do anything to your browsers to 01:37:48 enable JavaScript? 01:37:53 7 A. Well, I installed Java, so... 01:37:54 8 Q. Okay. 01:38:00 9 10 Do you know how many of the websites at the URLs contained in your messages had a like 01:38:14 button social plug-in on them? 01:38:20 11 A. I have no clue. 01:38:22 12 Q. So, some of the websites at the URLs you've 01:38:25 13 included in messages have had like buttons, maybe 01:38:31 14 others have not. 01:38:38 15 16 Is that correct? MR. CARNEY: Object to form, asked and 01:38:39 answered. 17 01:38:40 THE WITNESS: I would presume that to be 01:38:40 18 the case, because not every site has a like button on 01:38:42 19 every page. 01:38:46 20 Q. (By Ms. Maute) So, is it fair to say that 01:38:47 21 you don't know if a given URL in your messages 01:38:54 22 actually incremented a like count on a third-party 01:39:00 23 website? 01:39:04 24 A. Correct. 01:39:04 25 Q. Do you understand whether your name has ever 01:39:04 Page 127 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 been associated with an increment on a like count on 01:39:17 2 a third-party website? 01:39:24 3 MR. CARNEY: Object to form. 4 THE WITNESS: 5 Q. (By Ms. Maute) 6 01:39:31 A. For -- for example, on Exhibit 4, on page 2, Yes. 01:39:32 Can you explain that? 01:39:32 01:39:33 7 there is the "find us on Facebook" box that shows the 01:40:08 8 count of people who like it and then display profile 01:40:16 9 pictures. I have seen my profile picture in boxes 01:40:20 10 like this before, so that would directly mean that 01:40:25 11 it's attributed to me. 01:40:30 12 Q. And has that -- what you just described, has 01:40:33 13 that happened in particular with the Blue Hog Report 01:40:36 14 website where you've seen -- 01:40:39 15 A. As I recall, yes. 01:40:42 16 Q. -- your name associated with an increase in 01:40:43 17 18 19 the like count? 01:40:46 Have you clicked like on the Blue Hog Report like 01:40:49 button? 01:40:55 20 A. Yes. 01:40:55 21 Q. Do you know whether your name has ever been 01:40:56 22 associated with an increment in a like count on a 01:40:59 23 third-party website as a result of including a URL in 01:41:05 24 one of your messages? 01:41:08 25 A. I have no knowledge of that. 01:41:09 Page 128 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 Q. Do you object to an aggregate anonymous like 01:41:19 count? 01:41:24 3 A. Just in general? 01:41:25 4 Q. Yes. 01:41:26 5 MR. CARNEY: 6 THE WITNESS: 7 Q. (By Ms. Maute) Object to form. 01:41:27 No. 01:41:28 Do you know if you have any 01:41:39 8 way of determining whether your name has been 01:41:41 9 associated with an increment on a third-party like 01:41:44 10 count as a result of including a URL in a Facebook 01:41:47 11 message? 01:41:50 12 A. I -- 13 MR. CARNEY: 14 THE WITNESS: 15 01:41:50 It's fine. 01:41:55 I do not know of how I could 01:41:57 determine that. 16 (Whereupon, 01:42:04 Deposition Exhibit 8 17 was marked for identification and made part of the 18 01:42:28 record.) 19 Q. (By Ms. Maute) 01:42:29 The court reporter has handed 20 you a document marked as Exhibit 8. 21 to you that this document is Plaintiff Matthew 01:42:36 22 Campbell's Corrected Objections and Responses to the 01:42:39 23 First Set of Interrogatories in this case. 01:42:43 24 25 I will represent 01:42:29 Do you recognize this document? A. No. 01:42:33 01:42:45 01:42:48 Page 129 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 3 4 A. Yeah, I have no idea what that URL 01:46:22 references. 01:46:24 Q. Did you consent to the -- the receipt of this message by Facebook when you sent it? 5 MR. CARNEY: 6 THE WITNESS: 01:46:33 Object to form. Yes. Wait a minute. 01:46:25 01:46:36 Receipt 01:46:37 7 of the message by Facebook? 01:46:57 8 Q. (By Ms. Maute) 01:46:58 9 A. Well, I sent it to Matt, not to Facebook, so 10 11 Uh-huh. 01:47:01 I consented to Facebook sending the message. 01:47:06 Q. Do you understand that, in the course of 01:47:10 12 sending it to Matt, the -- I'm sorry -- the message 01:47:20 13 would be acquired by Facebook? 01:47:24 14 MR. CARNEY: 15 THE WITNESS: 16 17 Object to form. 01:47:26 I understood it would go 01:47:26 through their servers, their messaging system. Q. (By Ms. Maute) 01:47:32 Do you know if Matthew 01:47:36 18 consented to the message going to the Facebook 01:47:42 19 servers in their messaging system? 01:47:52 20 MR. CARNEY: 21 THE WITNESS: 22 23 Object to form. I have no idea what he did or didn't consent to. Q. (By Ms. Maute) 24 a URL in it. 25 01:47:55 01:47:56 01:47:57 This message appears to have Is that correct? A. Yes. 01:48:04 01:48:06 01:48:07 Page 132 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 Q. Do you know whether this message was 01:48:12 processed by Facebook? 3 MR. CARNEY: 4 01:48:19 Object to form. THE WITNESS: 01:48:22 Facebook would have been the 01:48:23 5 one to send it from me to Matt, so I presume that's 01:48:30 6 what you mean by "processing". 01:48:35 7 Q. (By Ms. Maute) Earlier we discussed some of 01:48:40 8 the processes that take place prior to sending a 01:48:44 9 message? 01:48:49 10 A. Okay. 01:48:51 11 Q. That Facebook would detect a URL in the -- 01:48:51 12 what you called the edit box. 13 Facebook detected this URL when it was in the edit 01:48:59 14 box before you sent it? 01:49:03 15 MR. CARNEY: 16 THE WITNESS: 17 Q. (By Ms. Maute) 18 Object to form. MR. CARNEY: 20 THE WITNESS: Do you know whether Matthew 01:49:16 Object to form. I'm not going to answer to what he may or may not know. Q. (By Ms. Maute) 23 A. I don't want to speak for someone else for 25 01:49:07 01:49:08 22 24 01:48:56 Yes. Campbell is aware of those processes? 19 21 Do you understand that Because you don't know? what they may or may not know or have consented to. Q. If you have an understanding about Matthew 01:49:24 01:49:27 01:49:27 01:49:33 01:49:36 01:49:38 01:49:40 01:49:43 Page 133 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Campbell's knowledge, I'd like you to answer. 2 if you don't know, that's fine; you can just say that 01:49:49 3 you don't know what his understanding was? 01:49:52 4 5 6 7 8 9 A. I don't know. But, I've never discussed it with him. 01:49:46 01:49:54 01:49:56 Q. Thank you. 01:49:56 Do you know if -- if Matthew Campbell has ever visited a Facebook developer page? MR. CARNEY: 10 THE WITNESS: 11 Q. (By Ms. Maute) Object to form. 01:49:57 01:50:05 01:50:08 I believe he has. 01:50:09 Do you know whether he's 01:50:16 12 ever, in particular, visited a developer Facebook 01:50:19 13 page that lists the inputs to the like count on 01:50:22 14 third-party websites? 01:50:25 15 MR. CARNEY: 16 THE WITNESS: 17 18 Object to form. I have no knowledge of his visiting that site. Q. (By Ms. Maute) 01:50:27 01:50:27 01:50:31 Do you know if Matthew 01:50:31 19 Campbell ever saw any articles or press coverage 01:50:40 20 about Facebook processing messages? 01:50:46 21 A. I have -- 22 MR. CARNEY: 23 THE WITNESS: 24 Q. (By Ms. Maute) 25 01:50:51 Object to form. 01:50:52 I have no idea. 01:50:54 I think you might have 01:50:55 testified earlier that you don't have a recollection 01:51:05 Page 134 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 Q. (By Ms. Maute) Do you know if you saw a URL 01:56:27 preview before sending this message? 01:56:29 3 A. It's highly unlikely. 01:56:33 4 Q. If you -- it is unlikely that you saw a URL 01:56:35 5 preview before sending this message? 6 7 01:56:38 A. It's unlikely there would have been a 01:56:39 preview. 01:56:43 8 Q. Why is that? 01:56:43 9 A. It's a PDF file. 01:56:44 Q. Why do you think there would be no preview 01:56:47 10 11 for a PDF file? 12 01:56:49 A. Because there's no way to specify a title 01:56:51 13 image or description in a PDF file for Facebook to 01:56:55 14 grab and present. 01:57:03 15 Q. And why do you have that understanding? 01:57:04 16 A. I guess because I've sent PDFs before. 01:57:06 17 Q. Do you know whether the website that this URL 01:57:21 18 directed to had a Facebook like button social 01:57:28 19 plug-in? 01:57:32 20 21 A. I don't know for sure, but I don't think it 01:57:32 does. 01:57:44 22 (Whereupon, Deposition Exhibit 11 01:57:49 23 was marked for identification and made part of the 01:58:04 24 record.) 01:57:57 25 Q. (By Ms. Maute) The court reporter has handed 01:57:57 Page 138 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 you Exhibit Number 11. I'll represent to you this is 01:58:02 2 a printout of the -- of the website that is at the 01:58:07 3 URL included in the -- the message we were just 01:58:11 4 discussing. 01:58:14 5 A. Uh-huh. 01:58:14 6 Q. This does not include a like button social 01:58:16 7 plug-in, does it? 01:58:22 8 A. No, it does not. 01:58:23 9 Q. So, when you shared this link in this 01:58:24 10 message, do you understand that there would be no 01:58:35 11 like count on any third-party website that would be 01:58:38 12 incremented? 01:58:42 13 MR. CARNEY: 14 THE WITNESS: 15 16 17 18 19 Object to form. 01:58:43 I would presume that to be 01:58:43 the case. Q. (By Ms. Maute) to Exhibit Number 8. 01:58:45 Okay. We're going to go back We're done with that one. Please refer to item 281, which I believe is on page 22. 01:58:45 01:58:56 01:59:09 01:59:15 20 A. Okay. 01:59:19 21 Q. Please also refer to message on Campbell41. 01:59:20 22 I believe it's the sixth message down. 01:59:37 23 A. Okay. 01:59:48 24 Q. This message is from you to Matt Campbell. 01:59:49 25 Correct? 01:59:54 Page 139 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 MR. CARNEY: 2 THE WITNESS: 3 Q. (By Ms. Maute) 4 Object to form. 02:04:14 Yes. 02:04:14 Do you know if you saw a URL 02:04:15 preview before sending a message with this URL? 02:04:21 5 A. I don't recall. 02:04:25 6 Q. Do you know what kind of browser you were 02:04:28 7 using when you sent this message? 02:04:30 8 A. No. 02:04:31 9 Q. Do you know if you had JavaScript enabled? 02:04:32 10 A. I don't know. 02:04:36 11 Q. Do you know if this site had a Facebook like 02:04:37 12 13 button social plug-in? 02:04:39 A. Yes. 14 (Whereupon, 02:04:41 Deposition Exhibit 13 02:05:03 15 was marked for identification and made part of the 02:05:16 16 record.) 02:05:03 17 Q. (By Ms. Maute) The court reporter has handed I'll 02:05:03 18 you what's been marked as Exhibit Number 13. 19 represent this is a printout of the document 02:05:07 20 available at the URL in your message. 02:05:10 21 does contain a like button social plug-in. 22 correct? This document Is that 02:05:05 02:05:13 02:05:16 23 A. Yes. 02:05:16 24 Q. Do you know if the like count increased on 02:05:17 25 this website after you sent your message to 02:05:19 Page 143 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. That's -- 02:09:32 2 Q. -- of the developer site? 02:09:32 3 A. The page that covers sharing buttons and like 02:09:34 4 buttons with the script for inserting them on a page. 02:09:45 5 6 Q. Do you know if Matthew Campbell clicked on 02:09:50 the link? 02:10:14 7 MR. CARNEY: 8 THE WITNESS: 9 Q. (By Ms. Maute) 10 processing of this message? 11 13 Q. (By Ms. Maute) 02:10:15 Did you consent to the THE WITNESS: 02:10:15 I don't know. MR. CARNEY: 12 Object to form. 02:10:17 02:10:32 Object to form. 02:10:34 Yes. 02:10:34 Do you know what 02:10:35 14 understanding 15 message would be processed? 16 MR. CARNEY: 17 THE WITNESS: 18 had about whether this Q. (By Ms. Maute) 19 20 Object to form. 02:10:48 02:10:48 Do you know if 02:10:50 consented to the processing of this message? 02:10:53 A. I -- 22 THE WITNESS: 23 02:10:57 MR. CARNEY: Q. (By Ms. Maute) 25 02:10:46 I have no idea. 21 24 02:10:43 Object to form. 02:11:02 -- don't know. 02:11:02 Do you know if you saw a URL 02:11:04 preview before sending this message? A. I don't recall. 02:11:05 02:11:06 Page 146 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 2 preview before sending this message? A. I don't -- 3 MR. CARNEY: 4 THE WITNESS: 5 Q. (By Ms. Maute) 6 02:16:16 02:16:20 Object to form. 02:16:21 I don't recall. 02:16:21 Do you know what kind of 02:16:22 browser you were using when you sent this message? 02:16:23 7 A. No. 02:16:32 8 Q. Do you know if you had JavaScript enabled? 02:16:32 9 A. No. 02:16:35 Q. Do you know if this site had a Facebook like 02:16:35 10 11 12 button social plug-in? 02:16:40 A. No. 13 02:16:41 (Whereupon, Deposition Exhibit 15 02:16:47 14 was marked for identification and made part of the 02:17:06 15 record.) 02:16:57 16 Q. (By Ms. Maute) The court reporter has handed 17 you what's been marked as Exhibit 15. 18 this is a printout of the website at the URL in your 02:17:02 19 message. 02:17:05 20 21 I'll represent 02:16:57 This page does not contain a like button social plug-in. 02:16:59 02:17:07 Is that correct? 02:17:12 22 A. Correct. 02:17:13 23 Q. If this page did not contain a like button 02:17:14 24 social plug-in on the day you sent your message, you 02:17:19 25 understand that no like count on any website would be 02:17:23 Page 150 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. A long time. 02:27:31 2 Q. More than five years? 02:27:34 3 A. Yes. 02:27:35 4 Q. How long have you had a Google+ account? 02:27:38 5 A. I really don't know. 02:27:43 6 Q. More than five years? 02:27:48 7 A. I'm not sure. 02:27:49 8 9 10 I don't know when the plus part of Google got forced upon people. 02:27:53 Q. I think you testified earlier that you use 02:27:57 Twitter a lot more than you used to -- 02:28:16 11 A. Yes. 02:28:18 12 Q. -- is that correct? 02:28:19 13 Is it fair to say that when you are going to 02:28:20 14 communicate something through social media, you make 02:28:28 15 a choice about which service to use? 02:28:33 16 A. Yes. 02:28:35 17 Q. So, you don't have to use Facebook to 02:28:44 18 19 20 21 communicate electronically. Is that correct? 02:28:46 A. I don't have to, but, depending on the use or content, it dictates which service I'm going to use. 02:28:49 02:28:58 Q. Now that you're aware of this lawsuit, do you 02:29:05 22 intend to continue to use Facebook to communicate 02:29:12 23 electronically? 02:29:16 24 MR. CARNEY: 25 THE WITNESS: Objection, asked and answered. Yes. 02:29:18 02:29:19 Page 156 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Q. (By Ms. Maute) 2 use Facebook messages? 3 Do you intend to continue to 02:29:29 A. Yes. 4 MR. CARNEY: 02:29:21 02:29:30 Objection. 5 Q. (By Ms. Maute) 6 A. Because, as I understand it, the process of 02:29:33 7 the nature of this case occurred in a specific time 02:29:46 8 period and it's no longer happening, and -- and 02:29:50 9 that's it. 02:29:57 10 11 12 Why is that? 02:29:31 Q. Have you been harmed by Facebook's conduct that's been challenged in this case? A. I don't -- 13 MR. CARNEY: 14 THE WITNESS: 15 Q. (By Ms. Maute) 02:29:32 02:29:57 02:30:05 02:30:07 Object to form. 02:30:08 I don't know. 02:30:09 Have you suffered any 02:30:13 16 monetary harm as a result of Facebook's conduct in 02:30:13 17 this case? 02:30:17 18 19 MR. CARNEY: Object to form, calls for a legal conclusion. 20 THE WITNESS: 21 Q. (By Ms. Maute) 02:30:19 02:30:21 I don't know. 02:30:21 Are you aware of any harm 02:30:23 22 you've suffered as a result of Facebook's conduct 02:30:34 23 that's challenged in this case? 02:30:37 24 MR. CARNEY: 02:30:39 25 conclusion, asked and answered. Objection, calls for a legal 02:30:40 Page 157 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 THE WITNESS: 2 Q. (By Ms. Maute) I don't know. 02:30:41 Do you know the specific 02:30:42 3 relief that the Plaintiffs are seeking from Facebook 02:30:55 4 in this case? 02:30:58 5 A. No, I do not. 02:30:58 6 Q. Do you have any information of any kind that 02:30:59 7 Facebook has targeted an ad to you based on something 02:31:12 8 that you put in a message? 02:31:16 9 A. Not that I am aware of. 02:31:17 10 Q. Do you read any newspapers? 02:31:30 11 A. Do you mean like the actual paper or online? 02:31:33 12 Q. That's a good question. 02:31:43 13 A. Yes. 02:31:49 14 Q. What newspapers do you read? 02:31:51 15 A. The Washington Post, New York Times, Arkansas 02:31:53 Either? 16 Democrat Gazette. Those are the only papers I can 17 think of that are actually classified as newspapers. 02:32:07 02:32:14 18 Q. Do you read the Arkansas Times? 02:32:20 19 A. Yes. 02:32:23 20 Q. How about the Los Angeles Times? 02:32:25 21 A. I have probably read some of their articles. 02:32:27 22 Q. Time Magazine? 02:32:31 23 A. That's a magazine, not a newspaper, but yes. 02:32:34 24 Q. Business Insider? 02:32:41 25 A. Yes. 02:32:46 Page 158 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Q. Wall Street Journal? 02:32:47 2 A. Yes. 02:32:50 3 Q. Sports Illustrated? 02:32:50 4 A. Maybe. 02:32:52 5 Q. Specifically websites, do you read 02:33:03 6 Forbes.com? 02:33:11 7 A. Yes. 02:33:12 8 Q. Foxnews.com? 02:33:12 9 A. Only if I have to. 02:33:15 10 Q. Huffington Post? 02:33:16 11 A. Yes. 02:33:20 12 Q. Huffington Post Tech? 02:33:21 13 A. Maybe. 02:33:24 14 Q. CNet? 02:33:26 15 A. Yes. 02:33:31 16 Q. Vice.com? 02:33:31 17 A. I'm sorry. 02:33:38 18 Q. Vice.com? 02:33:38 19 A. No. 02:33:42 20 Q. How about the Wall Street Journal Digits 02:33:42 21 I don't know. blog? 02:33:46 22 A. I don't know. 02:33:46 23 Q. Mashable? 02:33:46 24 A. I may have seen an article or two from there. 02:33:53 25 Q. Okay. 02:33:56 Politico? Page 159 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. Yes. 02:34:04 2 Q. Wired? 02:34:04 3 A. Yes. 02:34:05 4 Q. Tech Radar? 02:34:05 5 A. Not that I know of. 02:34:07 6 Q. Daily Beast? 02:34:08 7 A. I have seen a few articles there. 02:34:11 8 Q. MSNBC.com? 02:34:17 9 A. Yes. 02:34:19 10 Q. The Next Web? 02:34:20 11 A. No. 02:34:22 12 Q. The Onion? 02:34:23 13 A. Yes. 02:34:25 14 Q. PC Mag? 02:34:30 15 A. Yes. 02:34:33 16 Q. Gizmodo? 02:34:33 17 A. Yes. 02:34:36 18 Q. CNN.com? 02:34:36 19 A. Yes. 02:34:39 20 Q. The Guardian? 02:34:40 21 A. Yes. 02:34:43 22 Q. Tech Spot? 02:34:43 23 A. Not that I know of. 02:34:47 24 Q. The Wall? 02:34:48 25 A. No. 02:34:49 Page 160 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 Q. Daily Tech? 02:34:49 2 A. No. 02:34:52 3 Q. Stack Overflow? 02:34:52 4 A. Yes. 02:34:56 5 Q. Inside Facebook? 02:34:56 6 A. No. 02:35:00 7 Q. Slate? 02:35:02 8 A. Yes. 02:35:06 9 Q. CNN Tech? 02:35:07 10 A. Not that I know of. 02:35:10 11 Q. Consumerist? 02:35:12 12 A. No. 02:35:16 13 Q. Julian Evans Blog? 02:35:16 14 A. No. 02:35:20 15 Q. Social Times? 02:35:20 16 A. No. 02:35:23 17 Q. The Verge? 02:35:23 18 A. No. 02:35:28 19 Q. Web Pro News? 02:35:29 20 A. No. 02:35:32 21 Q. Motherboard? 02:35:32 22 A. No. 02:35:34 23 Q. NPR? 02:35:34 24 A. Yes. 02:35:37 25 Q. BBC? 02:35:38 Page 161 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 A. Yes. 02:35:39 2 Q. Thank you. 02:35:40 3 4 MS. MAUTE: 02:36:10 MR. CARNEY: 6 MS. MAUTE: 7 9 02:36:08 break? 5 8 Do you mind if we take a quick Not at all. 02:36:11 We might be close to done. 02:36:12 (A break was taken.) Q. (By Ms. Maute) 02:36:14 We're going to take another 02:51:33 look at Exhibit Number 3. 10 (Whereupon, 02:51:47 Deposition Exhibit 16 02:52:15 11 was marked for identification and made part of the 02:52:21 12 record.) 02:52:15 13 14 Q. (By Ms. Maute) The court reporter has handed you a document marked Exhibit Number 16. 02:52:15 02:52:18 15 A. Uh-huh. 02:52:23 16 Q. Did you produce this document today in 02:52:25 17 response to your Subpoena? 02:52:28 18 A. Yes. 02:52:29 19 Q. Can you describe what that document is? 02:52:32 20 A. It is an e-mail from Matt Campbell. 02:52:34 And this 21 was the followup to his original -- well, not the 02:52:43 22 original message, but he said he was going to send me 02:52:50 23 a separate e-mail to arrange the details. 02:52:53 24 he sent this saying, on second thought, just so 02:53:02 25 there's no communication between you and the lawyers 02:53:07 And then Page 162 Veritext Legal Solutions 866 299-5127 CONFIDENTIAL 1 CERTIFICATE 2 3 I, Cheryl D. Glenn, Certified Shorthand Reporter, 4 Registered Professional Reporter, certify that the 5 above-named witness was sworn, that the deposition was 6 taken in shorthand and thereafter transcribed; that it 7 is true and correct; and that it was taken on 8 August 10, 2015, in Little Rock, county of Pulaski, 9 state of Arkansas, pursuant to Subpoena and under the 10 stipulations set out, and that I am not an attorney 11 for nor relative of any of said parties or otherwise 12 interested in the event of said action. 13 14 15 IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 24th day of August, 2015. 16 17 18 19 20 _________________________ 21 CHERYL D. GLENN, CSR, RPR 22 Certificate No. 1448 23 24 25 Page 166 Veritext Legal Solutions 866 299-5127

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