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)

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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. ______________________________ x : : : : : : : : : : x 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. 17 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 16 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 10 The Hunger Games book, for example, we would collect the 11 product, the book name, we would collect the items in 12 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 18 page to the user, most commonly in the form of HTML. 19 Post data is when the user submits data, 20 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 19 20 21 22 My commission expires: November 30, 2012 CAROL J. THOMAS STENOTYPE REPORTING SERVICES, INC. www.carolthomasreporting.com 800-322-9221

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