Campbell et al v. Facebook Inc.

Filing 213

Administrative Motion to File Under Seal Defendant Facebook, Inc.s Administrative Motion to File Documents in Support of Its Oppositions to Plaintiffs Motions to Compel Under Seal filed by Facebook Inc.. (Attachments: # 1 Declaration of Nikki Stitt Sokol In Support Of Defendant Facebook, Inc.s Administrative Motion to File Documents in Support of its Oppositions to Plaintiffs Motions to Compel Under Seal, # 2 [Proposed] Order Authorizing the Filing of Documents Under Seal, # 3 Exhibit 1 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Source Code, # 4 Exhibit 2 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Source Code, # 5 Exhibit 3 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 6 Exhibit 4 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 7 Exhibit 5 (Unredacted) Poole Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 8 Exhibit 6 (Redacted) Poole Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 9 Exhibit 7 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Documents, # 10 Exhibit 8 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Documents, # 11 Exhibit 9 (Unredacted) Maute Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Documents, # 12 Exhibit 10 (Redacted) Maute Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Documents, # 13 Proof of Service)(Jessen, Joshua) (Filed on 8/19/2016)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
PRIYANKA RAJAGOPALAN, SBN 278504
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MATTHEW CAMPBELL and MICHAEL
HURLEY,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH (SK)
DECLARATION OF NIKKI STITT
SOKOL IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS IN
SUPPORT OF ITS OPPOSITIONS TO
PLAINTIFFS’ MOTIONS TO COMPEL
UNDER SEAL
No Hearing Unless Requested By Court (Dkt.
203)
The Honorable Phyllis J. Hamilton

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Crutcher LLP

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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I, Nikki Stitt Sokol, declare as follows:
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I am Associate General Counsel for Litigation for Defendant Facebook, Inc.

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(“Facebook”). Pursuant to Civil Local Rule 79-5(d) and the Amended Stipulated Protective Order

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entered by the Court on July 1, 2015 (the “Protective Order”) (Dkt. 93), I submit this Declaration in

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support of Facebook’s Administrative Motion to File Documents In Support of Its Oppositions to

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Plaintiffs’ Motions to Compel Under Seal (“Motion to Seal”). Except as otherwise noted, I have

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personal knowledge of the facts set forth in this Declaration and, if called and sworn as a witness,

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could and would testify competently to them.

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2.

The Motion to Seal sets forth the documents sought to be sealed, including the

following:
(1) designated portions of Facebook’s Opposition to Plaintiffs’ Motion to Compel Production
of Source Code;
(2) designated portions of Facebook’s Opposition to Plaintiffs’ Motion to Compel Production
of “Configuration Tables”;
(3) designated portions of the Declaration of Neal Poole in Support of Defendant Facebook,
Inc.’s Opposition to Plaintiffs’ Motion to Compel Production of “Configuration Tables” (“Poole
Declaration”);
(4) designated portions of Facebook’s Opposition to Plaintiffs’ Motion to Compel Production
of Documents; and
(5) designated portions of the Declaration of Jeana Bisnar Maute in Support of Defendant
Facebook, Inc.’s Opposition to Plaintiffs’ Motion to Compel Production of Documents (“Maute
Declaration”).
3.

For the Court’s convenience, to the extent possible I discuss the documents by

category below.
Facebook’s Opposition to Plaintiffs’ Motion to Compel Production of Source Code
4.

Good cause exists to seal portions of Facebook’s Opposition to Plaintiffs’ Motion to

Compel Production of Source Code (Exhibit 1 to the Motion to Seal) for the reasons identified below.
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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Sealable Portions
fn. 4 at 8:24-27

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As I described in my previous Declarations (Dkt. 181-2 and 211) this
information constitutes a trade secret because it could be used by individuals
or companies that might seek to compromise the security of Facebook’s
messages and other technology, causing significant harm to Facebook and the
people who use Facebook’s services. Internal table names—and the
databases in which they exist—are referenced within Facebook’s proprietary
source code and indicate both the schema for Facebook’s internal databases
(i.e., how they are structured) and—more importantly—where particular data
or types of data are (or were) stored. Facebook and its user base present an
attractive target for criminals and others with malicious intentions.
Accordingly, revealing table names could provide a roadmap that would
assist an unauthorized individual who illicitly obtained access to Facebook’s
internal systems in determining where sensitive data—including user
information—is (or was) stored, how it is (or was) stored, and how to access
it. Limiting access to user data and respecting the privacy and sensitivity of
such data are extremely important and of paramount importance within
Facebook, as well as to the public. Accordingly, the public does not have a
meaningful interest in obtaining such information. Moreover, the public
disclosure of this information also would cause particularized harm to
Facebook by allowing its competitors to access the details of Facebook’s
internal tools, which they could use to gain an unfair advantage against
Facebook.

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Reason for Confidentiality
This information reflects the name of an internal table in Facebook’s
databases, which contains (or may have contained) sensitive data and
constitutes non-public, confidential, and proprietary Facebook business
information that is protectable as a trade secret. Pursuant to the Court’s
previous order, “names of internal tables in Facebook’s databases” are
“properly sealable.” (Dkt. 193.)

Facebook’s Opposition to Plaintiffs’ Motion to Compel Production of “Configuration Tables”
5.

Good cause exists to seal portions of Facebook’s Opposition to Plaintiffs’ Motion to

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Compel Production of “Configuration Tables” (Exhibit 3 to the Motion to Seal) for the reasons

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identified below.

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Sealable Portions
3:20-21; 3:22-24;
6:12; 6:16; 6:18;
6:19; 7:3; fn. 4 at
7:25-26; 8:7; 8:12;
8:14; 9:14
6:22-23; 6:25; 7:12

Reason for Confidentiality
This information reflects the names of Facebook’s internal databases and the
names of tables within those databases and is properly sealable for the reasons
indicated above. (See Dkt. 193.)
This information reflects the names of and the nature of the content stored in
one of Facebook’s internal databases and the internal tables in that database.
Facebook’s databases and tables contain (or may have contained) sensitive
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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Sealable Portions

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fn. 4 at 7:24

Reason for Confidentiality
data and constitute non-public, confidential, and proprietary Facebook
business information that is protectable as a trade secret. As noted above,
pursuant to the Court’s previous order, “names of internal tables in
Facebook’s databases” are “properly sealable.” (Dkt. 193.)
As I described in my previous Declarations (Dkt. 181-2 and 211) this
information constitutes a trade secret because it could be used by individuals
or companies that might seek to compromise the security of Facebook’s
messages and other technology, causing significant harm to Facebook and the
people who use Facebook’s services. Internal table names—and the
databases in which they exist—are referenced within Facebook’s proprietary
source code and indicate both the schema for Facebook’s internal databases
(i.e., how they are structured) and—more importantly—where particular data
or types of data are (or were) stored. Facebook and its user base present an
attractive target for criminals and others with malicious intentions.
Accordingly, revealing table names could provide a roadmap that would
assist an unauthorized individual who illicitly obtained access to Facebook’s
internal systems in determining where sensitive data—including user
information—is (or was) stored, how it is (or was) stored, and how to access
it. Additionally, revealing the nature of the data that is stored together in
Facebook’s databases and tables could also provide an unauthorized
individual who illicitly obtained access to Facebook’s internal systems with
information on how to locate and exploit sensitive data. Limiting access to
user data and respecting the privacy and sensitivity of such data are extremely
important and of paramount importance within Facebook, as well as to the
public. Accordingly, the public does not have a meaningful interest in
obtaining such information. Moreover, the public disclosure of this
information also would cause particularized harm to Facebook by allowing its
competitors to access the details of Facebook’s internal tools, which they
could use to gain an unfair advantage against Facebook.
This information contains non-public, confidential, and proprietary Facebook
business information that is protectable as a trade secret, as it reflects the
name of one of Facebook’s confidential security and anti-abuse systems.
Pursuant to the Court’s previous order, “information regarding the processes
and functionality of Facebook’s security and anti-abuse products and
systems,” is “properly sealable.” (Dkt. 193.)
As I described in my previous Declarations (Dkt. 181-2 and 211), Facebook’s
main priority is ensuring that the people who use Facebook are protected and
that their accounts are secure. The redacted information could be used by
individuals or companies that might seek to compromise the security of
Facebook’s messages and other technology, causing harm to Facebook and
the people who use Facebook’s services. Facebook and its user base present
an attractive target for hackers and other criminals. See, e.g., Ellis
Hamburger, “Inside Facebook Security: Defending Users from Spammers,
Hackers, and ‘Likejackers,’” The Verge (May 25, 2012), available at
http://www.theverge.com/2012/5/25/2996321/inside-facebook-likejackers3

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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Sealable Portions

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Appendix A—
“Table” Column
Appendix A—
“Scope” Column
Appendix A—
“Data Size”
Column
Appendix A—
“Plaintiffs’
Purported ‘Need’”
Column

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Appendix A—
“Facebook’s
Responses”
Column

Reason for Confidentiality
spammers-hackers. Indeed, as Facebook has previously explained in publicfacing materials, Facebook does not (and cannot) share the names of or the
specific details of how its security, spam, and abuse-prevention systems
operate, because this information could help provide a roadmap to hackers
and others who seek to harm Facebook and people who use the service.
Specifically, this information could help wrongdoers build and implement
“workarounds” designed to thwart safety mechanisms. The public does not
have a meaningful interest in obtaining information that could compromise
the security of user accounts. Further, the public disclosure of this
information would cause particularized harm to Facebook by allowing its
competitors to access the specifics of Facebook’s business, which they could
use to gain an unfair advantage against Facebook.
This information reflects the names of internal tables in Facebook’s databases
and is properly sealable for the reasons indicated above. (See Dkt. 193.)
This information reflects the nature of the content stored in the internal tables
in Facebook’s databases and is properly sealable for the reasons indicated
above. (See Dkt. 193.)
This information reflects the precise volume of the content stored in the
internal tables in Facebook’s databases and is properly sealable for the
reasons indicated above. (See Dkt. 193.)
The information in Row 1 and Row 3, line 1 reflects the name of an internal
table in Facebook’s databases and is properly sealable for the reasons
indicated above. (See Dkt. 193.)
The information in Row 3 reflects the name of one of Facebook’s confidential
security and anti-abuse systems and is properly sealable for the reasons
indicated above. (See Dkt. 193.)
This information reflects the names of internal tables in Facebook’s databases
and is properly sealable for the reasons indicated above. (See Dkt. 193.)

Poole Declaration
6.

Good cause exists to seal portions of the Poole Declaration (Exhibit 5 to the Motion to

Seal) for the reasons identified below.
Sealable Portions
1:16-17; 2:16-17;
2:20-21; 3:10-12;
3:15; 3:27-4:14;
4:23-5:25

Reason for Confidentiality
This information reflects the names of and the nature of the content stored in
Facebook’s internal databases and the internal tables in those databases and is
properly sealable for the reasons indicated above. (See Dkt. 193.)

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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Facebook’s Opposition to Plaintiffs’ Motion to Compel Production of Documents
7.

Good cause exists to seal portions of Facebook’s Opposition to Plaintiffs’ Motion to

Compel Production of Documents (Exhibit 7 to the Motion to Seal) for the reasons identified below.
Sealable Portions
5:25; 8:27-28; 9:34; 9:6-9; 9:10-11

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As I described in my previous Declaration (Dkt. 211), the information in
Facebook’s internal repositories effectively demonstrates how Facebook’s
internal systems and tools work—and as Facebook has previously explained
in public-facing materials, Facebook does not (and cannot) share the specific
details of the names of internal systems or how they operate, because this
information could help provide a roadmap to hackers and others who seek to
harm Facebook and people who use the service. The public does not have a
meaningful interest in obtaining such information. Further, the public
disclosure of this information would cause particularized harm to Facebook
by allowing its competitors to access the specifics of Facebook’s business,
which they could use to gain an unfair advantage against Facebook.

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Reason for Confidentiality
This information reflects the names and functionality of Facebook’s internal
document repositories, which contain non-public, confidential, and
proprietary information about Facebook’s internal systems that is protectable
as a trade secret.

Maute Declaration
8.

Good cause exists to seal portions of the Maute Declaration (Exhibit 9 to the Motion

to Seal) for the reasons identified below.
Sealable Portions
1:14-18; 1:25-28;
2:1-5; 2:9-11;
2:17-23

Reason for Confidentiality
This information reflects the names and functionality of Facebook’s internal
document repositories and is properly sealable for the reasons indicated
above.

I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and that I executed this Declaration in Menlo

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Park, California on August 19, 2016.

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/s/ Nikki Stitt Sokol
Nikki Stitt Sokol

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)

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ATTORNEY ATTESTATION

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I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Nikki Stitt Sokol

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has been obtained from the signatory. I declare under penalty of perjury under the laws of the United

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States of America that the foregoing is true and correct. Executed this 19th day of August 2016, in

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Irvine, California.

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Dated: August 19, 2016

/s/ Joshua A. Jessen
Joshua A. Jessen

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITIONS TO PLAINTIFFS’ MOTIONS TO COMPEL UNDER SEAL
CASE NO. C 13-05996 PJH (SK)