Dunstan et al v. comScore, Inc.

Filing 156

DECLARATION of Jay Edelson regarding memorandum in support of motion 154 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit s, # 20 Exhibit t)(Thomassen, Benjamin)

EXHIBIT O

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a
class of similarly situated
individuals,

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Plaintiffs,
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-vs)
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COMSCORE, INC., a Delaware
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corporation,
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Defendant.
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__________________________________)

No. 1:11-cv-5807
Judge Holderman
Magistrate Judge
Kim

The deposition of ROBERTO TAMASSIA, Ph.D.,
called by the Plaintiffs for examination, pursuant to
notice and pursuant to the Federal Rules of Civil
Procedure for the United States District Courts
pertaining to the taking of depositions, taken before
Emily R. Pellegrino, Certified Shorthand Reporter and
Notary Public within and for the County of Cook and
State of Illinois, at 350 North LaSalle Street, 13th
Floor, Chicago, Illinois, commencing at the hour of
9:29 a.m. on the 14th day of December, A.D., 2012.

Electronically signed by Emily Pellegrino (101-123-033-4203)

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user does not accept does not agree, the comScore

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portion of the software is not installed but the user

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will still be able to install the other software that

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was bundled together with the comScore software which

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was the original software that the user attempted to

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download.

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Q.

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During the demonstration, was there only one

type of bundled software used?
A.

Yes.

In the demonstration, there was only

one type of bundled software.
Q.

Let's move to the operation section of your

report.

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A.

Yes.

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Q.

The basis for this whole section is the

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demonstration that was given to you at Reston,

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Virginia; is that correct?

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A.

Yes.

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Q.

Can you explain a few ways that a panelist

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will be able to determine that comScore software is

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running on their computer?

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A.

Are you referring with the word "panelist"

to a user who has installed the comScore software?

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Q.

Yes.

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A.

There are various reasons, multiple reasons

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that will make such -- panelist as copious user to be

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fully aware that the software is fine.

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all, this panelist has explicitly accepted the

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installation such that manner is occurring.

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the panelist should notice that the tray area of the

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task bar in the Windows operating system contains an

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icon associated with the comScore software.

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provides an explicit and continuous and persistent

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indication that the software is running.

So first of

Second,

This

In

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addition, whenever the user -- this panelist, this

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user will look at the list of programs installed,

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that the software will appear.

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And then even more, if you look at what is

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called the task manager, which is a display of the

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so-called processes, programs running, the comScore

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software is there.

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settings of the machine or the so called registry,

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one will see registry keys associated with the

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software.

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system, is in the tray.

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Q.

And if one will inspect some

The primary visual indication is in the

In the second sentence of the last full

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paragraph on page four "Uninstallation" you write,

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based upon my observations of the demonstration and

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the documentation I reviewed, comScore software can

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allows the obfuscation to happen and then feedback is

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provided back to the software engineering team so

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that patterns are improved, refined, new patterns are

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provided.

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about the detection is that there are several

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annotations about new patterns being downloaded and

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the name of someone to suggest that they found some

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date.

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Q.

What I personally saw within the classes

How do they sift through the data

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technically speaking?

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MR. SWEDLOW:

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I'll object as asked and

answered but you can answer.

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THE WITNESS:

I did not ask about the

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detailed steps of this process.

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general methodology that was implicated.

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BY MR. GIVENS:

I was happy with the

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Q.

Where was that indicated to you?

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A.

In my meeting at comScore.

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Q.

Is the data that's manually sifted through

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later purged from the database?
A.

My understanding is that the data that is

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detected in this subsequent phase is subject to the

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same type of processing that would have occurred from

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the client side.

Electronically signed by Emily Pellegrino (101-123-033-4203)

So if the data is to be removed, it

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will be removed.

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the first seven digits are kept.

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the year is kept.

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hashed like a password, then it will be hashed.

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the term purged, does not accurately describe that

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process as was indicated to me in that conversation.

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Q.

Because if it's a credit card, only
Date of birth, only

If it is data that has to be
So

In the data transmission and storage section

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of your report which is on page five, you write that,

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the transmission method for uploading is the same as

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the page download method employed by the user.

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retrieved from the user from a secure HTTPS

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connection is uploaded using the secure connection

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while data originating from a standard non-secured

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connection HTTP is uploaded via a standard

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connection.

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Data

Why wouldn't comScore send everything over
SSL?
A.

I cannot answer about the business methods

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of the company.

I can answer from a technical point

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of view.

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these transmission to comScore once the data was

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originally downloaded to the user's machine in an

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insecure way.

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more resources on a machine than a standard

It is not necessary to secure data for

Electronically signed by Emily Pellegrino (101-123-033-4203)

In addition, a secure connection uses

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STATE OF ILLINOIS

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COUNTY OF C O O K

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SS:

I, Emily R. Pellegrino, Certified Shorthand

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Reporter and Notary Public in and for the County of

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Cook, State of Illinois, do hereby certify that on

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the 14th of December, A.D., 2012, the deposition of

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the witness, ROBERTO TAMASSIA, Ph.D., called by the

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Defendants, was taken before me, reported

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stenographically and was thereafter reduced to

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typewriting through computer-aided transcription.
The said witness, ROBERTO TAMASSIA, Ph.D.,

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was first duly sworn to tell the truth, the whole

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truth, and nothing but the truth, and was then

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examined upon oral interrogatories.

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I further certify that the foregoing is a

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true, accurate and complete record of the questions

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asked of and answers made by the said witness, at the

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time and place hereinabove referred to.

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The signature of the witness was not waived
by agreement.
Pursuant to Rule 207(a) of the Rules of the

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Supreme Court of Illinois if deponent fails to read

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and sign this deposition transcript within 28 days or

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make other arrangements for reading and signing

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thereof, this deposition transcript may be used as

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fully as though signed, and the instant certificate

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will then evidence such failure to read and sign this

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deposition transcript as the reason for signature

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being waived.

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The undersigned is not interested in the

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within case, nor of kin or counsel to any of the

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parties.

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Witness my official signature and seal as

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Notary Public, in and for Cook County, Illinois on

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this 18th day of December, A.D., 2012.

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Emily R. Pellegrino, CSR
Notary Public
19 South LaSalle Street, Suite 1402
Chicago, Illinois 60603

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License No. 084-004503

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Electronically signed by Emily Pellegrino (101-123-033-4203)

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