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).
CONFIDENTIAL
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IN THE UNITED STATES DISTRICT COURT FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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MATTHEW CAMPBELL, MICHAEL
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HURLEY and DAVID SHADPOUR,
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Plaintiffs,
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VS.
Case Number
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FACEBOOK, INC.,
C 13-05996 PJH
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Defendant.
_________________________________________
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CONFIDENTIAL
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DEPOSITION OF
TAKEN ON BEHALF OF THE DEFENDANT
ON AUGUST 10, 2015, BEGINNING AT 8:59 A.M.
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IN LITTLE ROCK, ARKANSAS
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Reported by:
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Cheryl D. Glenn, CSR, RPR
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JOB No. 2115706
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Q. How did you do that?
How did you dig in and
find out how ads work?
09:49:16
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A. Facebook help pages on ads.
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Q. When did you review the Facebook help pages
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on ads?
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A. Gosh.
09:49:32
When was that?
It was probably 2013,
2014, somewhere in there.
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Q. Did you visit the Facebook developer site?
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A. I've been there, yeah.
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Q. When have you visited the Facebook developer
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site?
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A. I'm not sure.
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Q. What's your best estimate?
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A. Probably when I was looking at the ad stuff
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and helping him with that.
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that period.
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So, 2013, 2014, right in
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09:50:44
Q. So, you think the first time that you visited
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the Facebook developer site was probably in 2013 or
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2014?
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A. Yeah.
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Q. Might you have visited the developer site
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before then?
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A. It's possible.
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Q. You mentioned before that these are targeted
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ads?
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Q. Thank you.
10:51:21
Do you have an understanding of what goes into the
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like count that's listed here next to these articles
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or next to the -- I guess let's take them in turn.
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Do you have an understanding of what goes into the
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like count next to the like button on these articles?
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A. My understanding is it is a count of the
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people who have clicked the like buttons.
Q. On what -- what facts do you base that
understanding?
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10:51:54
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A. I don't know that there's specific facts, but
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I base that on my understanding of the functionality
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of the button.
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count the number of people who have clicked like.
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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
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A. Yes.
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Q. Can you explain what -- what you think the
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benefits are?
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A. The benefits are helping to expand the reach
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of articles, just to generate awareness of -- of how
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many people find the article interesting, I guess.
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It would be how quantify that.
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A. I don't recall.
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Q. If the company website has Facebook
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functionality, would you have been the person who
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installed it?
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MR. CARNEY:
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THE WITNESS:
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think it does, though.
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Q. (By Ms. Maute)
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Object to form.
Not necessarily.
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I don't
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10:55:04
Who else has control over the
company website?
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A. Nobody.
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Q. Do you understand you were the only person
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who has made changes to that website since its
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creation?
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A. Yes.
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Q. Have you ever run ads on the company website?
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A. No.
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Q. Is there a Facebook page for the site?
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A. Yes.
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Q. When is the last time -- did you create the
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Facebook page website?
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A. Yes.
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Q. When is the last time that you made any
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changes to the Facebook pages for the company
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website?
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A. Probably a year or two ago.
I think that's
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when I set it up maybe -- well, it's been longer than
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that.
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Q. And --
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A. I think I updated our address or our office
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hours or something like that about a year or two ago.
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I had created the page probably four or five years
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ago and just never did anything with it.
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Q. Why did you create the page?
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A. Well, I had intended to increase visibility
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online but never got around to it.
Correct?
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Q. You're a Facebook user.
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A. Yes.
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Q. What is your Facebook username?
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10:56:56
Q. What e-mail addresses have you associated
with your Facebook account?
10:56:59
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allegations in this suit to be true?
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MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
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Object to form.
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I have no idea.
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Have you investigated at all
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about the Plaintiffs' claims?
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A. No.
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Q. I think you testified earlier that you have
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sent Facebook messages since learning about this
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lawsuit --
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A. Yes.
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Q. -- is that correct?
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So, you continue to use Facebook after you've
learned of this lawsuit.
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Is that correct?
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A. Yes.
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Q. Why?
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A. It's convenient.
As far as use of that
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content to possibly deliver ads, my understanding is
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that the suit only covers a specific time period.
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2010 to 2012 I think was the range.
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being done with it is no longer being done with it,
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is my understanding.
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So, whatever was
Q. How did you come to understand that the
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lawsuit is about a specific time period?
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A. These guys told me (indicating).
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Q. Is it correct that you did not learn about
11:55:51
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A. Yes.
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Q. -- that was sent previously?
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A. Yes.
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Q. Are you aware that Facebook's developer page
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disclosed the -- that the number of likes displayed
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on a third-party web page is derived in part from the
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number of messages that contain a URL to that page?
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A. No.
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MR. CARNEY:
Q. (By Ms. Maute)
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Object to form.
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Do you personally object to
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processing of Facebook messages to increase the like
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-- the aggregate like count on a third-party website?
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A. Can you say that again?
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Q. Do you personally object to processing of
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messages to increase the like count, the aggregate
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anonymous like count on a third-party website?
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A. Yes.
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Q. Why?
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A. Because just because I send a link in a
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message does not mean I like that content.
It could
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actually be something I find totally offensive.
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Q. So, do I understand you correctly that,
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because you may not want to benefit the -- the owner
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of that website, you wouldn't want the like count to
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increase?
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A. Correct.
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Q. Any other reason?
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A. No, not that I can think of.
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Q. Do you personally object to processing
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messages to serve target advertising?
A. Okay.
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Can you be more specific with that?
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I'm not sure exactly what you're asking.
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Q. Does whether you object to processing
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messages for target advertising depend on what
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information related to a message would be included
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for target advertising?
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MR. CARNEY:
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THE WITNESS:
Object to form.
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By processing messages for
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targeted advertising, do you -- if -- if that means
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using content of messages to provide some source or
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reference as to how ads could be targeted to that
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user, then yes.
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a known option that I could opt out of.
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I -- I would opt out of that were it
Q. (By Ms. Maute)
Okay.
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If -- if users were
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aggregated into groups based on the inclusion of URLs
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in their messages and that information was available
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for target advertising, would you object to that
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practice?
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MR. CARNEY:
Object to form, asked and
answered.
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THE WITNESS:
I think, in general, I would
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object to any of my content in messages being used
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for anything other than delivering a message to the
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-- to the recipient.
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Q. (By Ms. Maute)
I'm going to refer back to
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the specific question because it's -- it's more
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narrow.
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A. Okay.
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Q. If users were aggregated, so no individual
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user information, based on inclusion of URLs in their
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messages, and that information was an available
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bucket for target advertising, would you object to
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that practice?
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MR. CARNEY:
Object to form, asked and
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answered.
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THE WITNESS:
I do not like that practice
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if that is what is occurring or were to occur.
Q. (By Ms. Maute)
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Would you stop using Facebook
if that practice were occurring?
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MR. CARNEY:
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THE WITNESS:
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Objection, asked and answered.
I don't know that I would
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stop using Facebook, but I would probably curve my
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use of URLs in messages.
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Q. (By Ms. Maute)
Would you stop including URLs
in messages if that practice were occurring?
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MR. CARNEY:
asked and answered.
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I object to the extent that's
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I can't remember if it has.
THE WITNESS:
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I would stop sending messages
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with URLs of anything I objected to for certain,
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because I wouldn't want to be associated with the
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content.
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Q. (By Ms. Maute)
So, if the practice of
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aggregating user base -- users based on the inclusion
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of URLs in messages were a part of target
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advertising, you might change your usage but it would
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depend on how precisely the target advertising
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worked.
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Is that correct?
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MR. CARNEY:
Q. (By Ms. Maute)
Object to form.
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Is it correct that you would
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not necessarily discontinue your inclusion of URLs in
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messages if Facebook were conducting the practice
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that I described?
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correctly?
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Object to form, calls for
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speculation.
THE WITNESS:
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Does that mean I still
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answer?
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MR. CARNEY:
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Do I understand your testimony
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MR. CARNEY:
Yes.
I'm sorry, yes.
Yes.
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I'm sorry.
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THE WITNESS:
My usage habits would change.
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I don't know that I would stop, but it would bug me.
Q. (By Ms. Maute)
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Fair enough.
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Do you personally object to processing messages to
deliver the message to the recipient?
MR. CARNEY:
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Object to form.
Q. (By Ms. Maute)
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12:11:52
A. I do not -- I do not.
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7
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Do you object to processing
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of messages to filter messages in folders?
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A. No.
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Q. Do you object to processing messages for
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storage by Facebook on servers?
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A. No.
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Q. Do you object to processing messages to block
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malware?
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MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
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Object to form.
I guess not, no.
Do you object to processing
MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
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12:12:36
12:12:39
messages to block viruses?
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Object to form.
MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
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12:12:44
No.
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Do you object to processing
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messages to block spam?
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12:12:53
Object to form.
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No.
12:12:55
Do you object to processing
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messages for illegal pornography?
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MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
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Object to form.
MR. CARNEY:
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THE WITNESS:
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No.
12:13:05
Do you object to processing
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messages to detect criminal conduct?
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12:13:01
Object to form.
That's kind of a sketchy
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question or practice.
I wonder -- well, that would
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depend on exactly what constituted criminal conduct
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and how it was being analyzed, I would say.
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Q. (By Ms. Maute)
Okay.
Do you object to
processing of messages to detect sexual predators?
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MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
Object to form.
12:13:45
12:13:49
12:13:53
No.
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Do you object to the
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processing of messages to render the appropriate
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language?
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MR. CARNEY:
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THE WITNESS:
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Q. (By Ms. Maute)
Object to form.
12:14:01
No.
12:14:01
Do you object to processing
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of messages to properly format the message when
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displayed to the user?
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A. No.
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Q. Do you object to the processing of messages
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to allow for keyword searching?
12:14:17
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THE WITNESS:
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Q. (By Ms. Maute)
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Go ahead.
12:14:22
No.
12:14:24
Do you object to the
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processing of messages to generate URL previews?
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A. No.
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Q. Do you understand that this lawsuit is a
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putative class action lawsuit?
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A. A what class action?
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Q. A proposed class action.
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We don't like to
12:14:49
say it's a class action, so...
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MR. CARNEY:
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The ceiling would fall.
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Q. (By Ms. Maute)
It's a proposed class action.
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A. Yes.
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Q. Do you understand what class the -- the named
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plaintiffs seek to represent in this case?
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A. I don't know what that means.
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Q. Do you understand -- understand what the
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proposed class of persons is who are -- who are being
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represented by Mr. Campbell?
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A. I -- I'm not sure what the class is defined
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as.
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Q. Okay.
I think you referenced earlier that
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you understood that there was a -- a time period?
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A. Yes.
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Q. Do you -- what do you understand the relevant
12:15:32
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A. I just really don't know.
Never thought
01:28:33
about it.
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Q. More than 10?
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A. Sure.
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Q. Somewhere between 10 and hundreds?
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Yes, more than 10.
Okay.
01:28:40
How many messages that you've sent or received
01:28:44
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included a preview of the website associated with the
01:28:53
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URL?
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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
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A. Yeah.
01:29:09
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Q. I think earlier you said you recalled seeing
01:29:09
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URL previews like this one when you sent a message.
01:29:20
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Is that correct?
01:29:23
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A. Yes.
01:29:23
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Q. When was the first time you saw a URL
01:29:24
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preview?
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A. I have no idea.
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Q. How many times do you think you've seen a URL
01:29:31
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preview?
01:29:40
A. Most likely every time I've sent a message
01:29:42
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with a URL in it since the feature was added to
01:29:46
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Facebook.
01:29:51
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Q. So --
01:29:51
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A. Whenever that would have been.
01:29:52
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Q. -- you think you might have seen hundreds of
01:29:54
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URL previews?
01:29:57
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A. Sure.
01:29:58
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Q. Do you know if you can look in your inbox and
01:30:06
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check whether a URL preview was generated for a given
01:30:10
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message?
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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
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look in your messages, you would be able to see if
01:30:25
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there was a preview when the --
01:30:27
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A. I --
01:30:29
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Q. -- message --
01:30:29
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A. -- I would presume that would be the case.
I
01:30:30
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don't know with certainty because I haven't had a
01:30:35
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reason to go looking to see if the preview is there
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or not.
01:30:40
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Q. And are you -- you're presuming that just
because you've seen the URL preview before?
01:30:41
01:30:45
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A. Yes.
01:30:48
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Q. Did you ever see a URL preview and delete it
01:30:48
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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
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Q. If you can look -- look at the exhibit.
01:31:06
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A. Uh-huh.
01:31:10
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Q. Can you see on the right near the top of the
01:31:10
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message there's an X?
01:31:14
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A. Yeah.
01:31:16
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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
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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
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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
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