Dunstan et al v. comScore, Inc.
Filing
325
DECLARATION of Benjamin S. Thomassen regarding motion for partial summary judgment 321 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit Exhibit List to Plaintiffs Memorandum of Law in Support of Their Motion for Partial Summary Judgment)(Thomassen, Benjamin)
Exhibit 10
(filed partially
under seal)
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE 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
Hon. James F. Holderman
Wednesday, September 12, 2012
Reston, Virginia
DEPOSITION OF:
YVONNE BIGBEE,
a witness, called for oral examination by counsel for
plaintiffs in the above-captioned matter, pursuant to
Notice and agreement of the parties as to time and date,
held at the offices of ComScore, Inc., 11950 Democracy
Drive, Suite 600, Reston, Virginia 20191, beginning at
approximately 9:30 o'clock, a.m., before Patricia Klepp,
RMR, a court reporter and Notary Public in and for the
Commonwealth of Virginia, when were present on behalf of
the respective parties:
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 5
1
2
P R O C E E D I N G S
Thereupon,
3
YVONNE BIGBEE,
4
a witness, was called for examination by counsel for the
5
plaintiffs, and after having first been duly sworn by
6
the Notary Public, was examined and testified as
7
follows:
8
EXAMINATION BY COUNSEL FOR PLAINTIFFS
9
BY MR. THOMASSEN:
10
Q.
Good morning.
11
A.
Good morning.
12
Q.
The record should reflect that this is the
13
oral deposition of Yvonne Bigbee, taken pursuant to
14
notice, in the Dunstan v. comScore matter, Case
15
No. 11-CV-5807 in the Northern District of Illinois.
16
Now, you've just been sworn in.
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Is this your
first deposition?
18
A.
Yes, it is.
19
Q.
Okay.
20
21
22
Before we get started, I'll go over a
few ground rules that will help us today.
The first and most important is that you have
to give verbal answers to all my questions, and the
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 40
1
2
3
4
Q.
Sure.
So can you explain to me what you mean
by "collection confirmation"?
A.
To -- they make sure that our software is
collecting the data as expected --
5
Q.
Okay.
6
A.
-- into our system.
7
Q.
And so to the extent you know, can you explain
8
to me how they would confirm that it is collecting the
9
data it's supposed to be collecting?
10
A.
They would mimic panelists' behavior.
So they
11
would use a popular browser such as IE, Internet
12
Explorer, to surf to CNN.com, for example, and click on
13
a few articles to make sure that the URL is collected
14
properly.
15
Or they would conduct a mystery shop on
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Amazon.com., for example, where they would put something
17
in the basket as a user to make sure that comScore
18
software is collecting the data properly and
19
fuzzification is in place.
20
21
22
Q.
Okay.
And so can you tell me what you mean by
"fuzzification"?
A.
It's a system that we have in place to look
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 41
1
for patterns in the data, to make sure that we either X
2
out or hash any data that we deem to be sensitive to the
3
user.
4
Q.
Okay.
Before we get too far away for it, you
5
talked about collecting information -- I know you're
6
just using an example -- on Amazon.com.
7
8
9
In that example, what sort of information
would be collected by comScore software?
A.
Products viewed.
So if I went and looked at
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The Hunger Games book, for example, we would collect the
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product, the book name, we would collect the items in
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your shopping cart, so ...
13
14
Q.
Do you understand the difference between page
data and post data?
15
A.
Yes.
16
Q.
Can you explain that difference to me?
17
A.
Page data is the content as it appears on the
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page to the user, most commonly in the form of HTML.
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Post data is when the user submits data,
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oftentimes they enter themselves, to the destination web
21
server.
22
Q.
So would that be -- in the Amazon process you
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 44
1
A.
2
3
MR. SWEDLOW:
Objection.
BY MR. THOMASSEN:
4
5
Can you repeat the question?
Q.
Give me an example of HTML information that
OSSProxy would not capture.
6
A.
Information from dot-edu sites, university
7
sites; information from a personal Google mail contact,
8
we don't collect that.
9
10
Q.
information on dot-edu sites, page data information?
11
12
Let me start over.
Why would comScore not
collect HTML page data information from dot-edu sites?
13
14
So the -- why would comScore not collect
A.
It's not part of our business model to collect
activities from universities --
15
Q.
Okay.
16
A.
-- student activities.
17
Q.
And so then you talked about personal Google
18
mail.
That's a -- that would be a dot-com site; right?
19
A.
Yes.
20
Q.
Why would comScore not collect all the HTML
21
22
information on a Google.com e-mail site?
A.
Because we don't want to collect personal
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 45
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 46
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 50
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 51
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 110
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 111
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
HARRIS & DUSTAN v. COMSCORE, INC.
September 12, 2012
YVONNE BIGBEE
Page 150
1
2
CERTIFICATE OF NOTARY PUBLIC
I, Patricia Klepp, RMR, the officer before whom
3
the foregoing deposition was taken, do hereby certify
4
that the witness whose testimony appears herein was duly
5
sworn by me; that the testimony of said witness was
6
taken by me in shorthand and this transcript typed under
7
my direction; that said transcript is a true record of
8
the testimony given by said witness; that I am neither
9
counsel for, related to, nor employed by any of the
10
parties to the action in which this deposition was
11
taken; and, further, that I am not a relative or
12
employee of any attorney or counsel retained by the
13
parties hereto, nor financially or otherwise interested
14
in the outcome of the action.
15
16
17
--------------------------------PATRICIA KLEPP, RMR
Notary Public in and for the
Commonwealth of Virginia
Registration No. 119760
18
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21
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My commission expires:
November 30, 2012
CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC.
www.carolthomasreporting.com
800-322-9221
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