Dunstan et al v. comScore, Inc.

Filing 176

DECLARATION of Robyn Bowland regarding memorandum in opposition to motion 175 (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 Errata 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, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Bowland, Robyn)

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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,
Plaintiffs,
vs.
COMSCORE, INC., a Delaware
corporation,
Defendant.

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) Case No. 1:11-5807
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*** CONFIDENTIAL -- ATTORNEYS' EYES ONLY ***

The videotaped deposition of DON
WALDHALM, called for examination, taken pursuant to
the Federal Rules of Civil Procedure of the United
States District Courts pertaining to the taking of
depositions, taken before JENNIFER L. WIESCH, CSR
No. 84-4528, a Notary Public within and for the
County of Will, State of Illinois, and a Certified
Shorthand Reporter of said state, at 500 West
Madison Street, Suite 2450, Chicago, Illinois, on
the 25th day of October, A.D. 2012, at 11:01 a.m.

JOb No: 27700

DON WALDHALM - CONFIDENTIAL - ATTORNEYS' EYES ONLY
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A P P E A R A N C E S:
On behalf of Plaintiffs:
EDELSON McGUIRE, LLC
350 North LaSalle, Suite 1300
Chicago, Illinois 60654
BY: RAFEY S. BALABANIAN, ESQ.
[e-mail]
CHANDLER GIVENS, ESQ.
[e-mail]
BEN THOMASSEN, ESQ.
[e-mail]

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On behalf of Defendant:
QUINN EMANUEL URQUHART & SULLIVAN, LLP 13
500 West Madison Street, Suite 2450
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Chicago, Illinois 60661
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312-705-7400
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BY: ANDREW SCHAPIRO, ESQ.
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[e-mail]
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ROBYN M. BOWLAND, ESQ.
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[e-mail]
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ALSO PRESENT:
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MR. THOMAS S. CUSHING III,
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comScore Deputy General Counsel and
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Privacy Officer;
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MR. MARC BUHMANN, Legal Videographer.

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WALDHALM
THE VIDEOGRAPHER: Good morning. This is tape
number one of the videotaped deposition of Don
Waldhalm in the matter of Mike Harris and Jeff
Dunstan versus comScore, Incorporated, filed in the
United States District Court for the Northern
District of Illinois, Eastern Division, Case Number
11-cv-5807.
This deposition is being held at Quinn
Emanuel, located at 500 West Madison Street in
Chicago, Illinois, on October 25, 2012, at
11:03 a.m.
My name is Marc Buhmann from the firm of
David Feldman Worldwide, and I'm the legal video
op -- video specialist. The court reporter is
Jennifer Wiesch, also in association with David
Feldman Worldwide.
Will counsel please introduce themselves
for the record.
MR. SCHAPIRO: Andrew Schapiro for comScore.
With me is Robyn Bowland. And present in the room
is Tom Cushing, in-house counsel at comScore.
MR. BALABANIAN: My name is Rafey Balabanian.
I'm here on behalf of the Plaintiffs, Jeff Dunstan
and Mike Harris. With me is Ben Thomassen, also

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INDEX
Examination
Page
DON WALDHALM
EXAMINATION BY MR. SCHAPIRO
EXHIBITS
Number Description
Page
Waldhalm Deposition Exhibit
Exhibit 1 WebTrust, SysTrust, SOC
54
Trust Services Principles and
Criteria, and Illustrations, web
cover page, 2 pages
Exhibit 2 Trust Services Principles,
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Criteria, and Illustrations,
85 pages
Exhibit 3 Expert Witness Report of Don
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Waldhalm, 15 pages

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WALDHALM
representing the Plaintiffs.
THE VIDEOGRAPHER: Will the court reporter
please swear in the witness.
(WHEREUPON, the witness was duly
sworn.)
DON WALDHALM,
called as a witness herein, having been first duly
sworn, was examined and testified as follows:
EXAMINATION
BY MR. SCHAPIRO:
Q. Good morning. Can you please state your
full name for the record.
A. Sure. I'm Don Waldhalm.
Q. And can you spell that, please?
A. Don -Q. No -A. -- D- -Q. -- just Waldhalm.
A. Okay. W-a-l-d-h-a-l-m.
Q. And, Mr. Waldhalm, what's your home
address?
A. 11509 Water Willow Avenue, Bradenton,
Florida.
Q. Have you ever been deposed before?

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

DON WALDHALM - CONFIDENTIAL - ATTORNEYS' EYES ONLY
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WALDHALM
A. A firewall is generally a piece of
hardware, can be a piece of software. It's a broad
topic. It could be on your computer, it can be at
the edge of your network, it could be between the
engine and your feet -Q. Not -A. -- in the car.
Q. A firewall is something that's intended
to do what?
A. A lot of things. Generally it's intended
to keep incoming attacks from achieving their travel
into your network, like it's intended to hide the
interior of your network from the exterior. But
they're complex things that can do a lot.
Q. And do you know if comScore's source code
does anything with respect to firewalls?
A. I don't know that it does anything with
respect to firewalls. I don't think I -- I looked
for any of that, but expect that it's mostly going
to use the same channels with which it was
installed, so I don't think it's inside the scope.
Q. Inside the scope of what?
A. Of comScore's app.
Q. What's a root certificate?

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WALDHALM
BY THE WITNESS:
A. No, that would not be true. There is
traffic if -- if the software is installed, it's
only going to catalog and record the traffic that
it's interested in.
BY MR. SCHAPIRO:
Q. So it doesn't actually reroute traffic to
comScore and then back?
MR. BALABANIAN: Object to form.
BY THE WITNESS:
A. That's correct.
BY MR. SCHAPIRO:
Q. Does comScore's software intercept
packets traversing local wireless networks?
MR. BALABANIAN: Object to form.
BY THE WITNESS:
A. It does not intercept packets. It reads
the headers on the packets to determine whether it
wants to catalog them or not.
BY MR. SCHAPIRO:
Q. What's your basis for saying that?
A. I can't recall the module, but I looked
at the code that counts how many bytes of data you
use for a particular program. And looking at that

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WALDHALM
A. It's a security mechanism to identify
some particular permission.
Q. Does comScore's software leave root
certificates on panelists' computers?
MR. BALABANIAN: Object to form.
BY THE WITNESS:
A. I don't know.
BY MR. SCHAPIRO:
Q. Did you see modules in the code that
leave root certificates on panelists' computers?
And if so, which ones?
A. I can't recall. It doesn't -Q. Is this statement true or false: All
traffic from computers running comScore's program is
rerouted through comScore's servers?
MR. BALABANIAN: Object to form.
BY THE WITNESS:
A. All -BY MR. SCHAPIRO:
Q. All traffic from computers running
comScore's program is rerouted through comScore's
servers?
MR. BALABANIAN: Object to form.

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WALDHALM
issue, that's the part I can remember right now.
And so it's -- it's listening, but it doesn't
intercept anything, it doesn't stop anything. And,
you know, it -Q. Why don't we -- if you're finished with
your answer, why don't we take a break, but go
ahead, I won't cut you off.
A. I think. I'm just trying to be clear.
MR. SCHAPIRO: All right. Why don't we take a
break. I may not have a whole lot more.
MR. BALABANIAN: Okay.
THE VIDEOGRAPHER: We are going off the video
record at 2:36 p.m.
(WHEREUPON, a recess was had.)
THE VIDEOGRAPHER: We are going back on the
video record at 2:43 p.m.
BY MR. SCHAPIRO:
Q. Mr. Waldhalm, you mentioned someone had
helped you named Stu, and I apologize, I'm
forgetting his last name again.
A. Gorton.
Q. What -- who was he, and what was his
role?
A. I -- when we first got the comScore code,

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]