XAVIER BECERRA Attorney General of California NICKLAS A. AKERS (SBN 211222) . Senior Assistant Attorney General San Francisco County Supenor Court STACEY D. SCHESSER (SBN 245735) Supervising Deputy Attorney General NOV 0 5 2019 LISA B. KIM (SBN 229369) MICAH C.E. (SBN 255239) CLERK OF THE COURT SUSAN SAYLOR (SBN 154592) Deputy Clerk - MANEESH SHARMA (SBN 280084) ANGELICA SUNGA Deputy Attorneys General 455 Golden Gate Ave. Suite 11000 San Francisco, CA 94102 Telephone: (415) 510-3500 mike.osgood@doj .ca. gov Attorneys for People of the State of California SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PEOPLE OF THE STATE OF EXEMPT FROM FILING FEES CALIFORNIA EX REL. XAVIER PER GOV. CODE 6103 BECERRA, ATTORNEY GENERAL, . Case No. ., Petitioner, 516 910 PETITION TO ENFORCE INVESTIGATIVE SUBPOENA AND FACEBOOK, INC., INVESTIGATIVE Respondent. (GOV. CODE, 11180 et seq.) 1. In 2018, California Attorney General Xavier Becerra launched an investigation into the business practices of Facebook Inc., following widespread reports that Facebook allowed third parties to harvest Facebook users? private information. What initially began as an inquiry into the Cambridge Analytica scandal expanded over time to become an investigation into whether Facebook has violated California law by, among other things, deceiving users and ignoring its own policies in allowing third parties broad access to user data. 1 Pet. to Enf. Subp. Early in the investigation, the Attorney General used his pre-litigation investigatory powers granted by section 11180 ez? seq. of the Government Code to issue an investigative subpoena requiring Facebook to produce documents relating to the Cambridge Analytica matter. A year passed before Facebook completed its drawn?out response to the subpoena, during which time the Attorney General also issued a ?rst set of investigative interrogatories. 3. On June 17, 2019, the Attorney General served a second set of interrogatories and a further subpoena to delve deeper into matters disclosed in Facebook?s initial responses and later news reports concerning other claims of wrongdoing by Facebook over users? privacy. Facebook?s responses to this second subpoena and set of interrogatories is patently de?cient. Despite repeated entreaties, Facebook has provided no answers for nineteen interrogatories and produced no new documents in response to six document requests. Facebook has also Wholly re?lsed to search communications involving senior executives for responsive materials. Thus, Facebook is not just continuing to drag its feet in response to the Attorney General?s investigation, it is failing to comply with lawfully issued subpoenas and interrogatories. 4. Accordingly, the People of the State of California, acting through Attorney General Xavier Becerra, petition this Court pursuant to section 11188 of the Government Code to enforce compliance with the Attorney General?s investigative subpoena and interrogatories. This investigation involves serious allegations of unlawful business practices by one of the richest companies in the world, prompting inquiries by Congress, European and US. regulators at the state and federal level. Indeed, the Federal Trade Commission recently announced a $5 billion settlement after the company violated an existing consent decree. Facebook?s delays and re?isals to comply with the Attorney General?s interrogatories and subpoena should not thwart this important and independent investigation into whether the company violated its users? privacy and California law. THE PARTIES 5. Petitioner Xavier Becerra is the Attorney General of the State of California. He brings this action solely in his of?cial capacity on behalf of the Peeple of the State of California. As the chief law of?cer of the State of California, the Attorney General is responsible for enforcing the 2 Pet. to Enf. Subp. state?s consumer protection laws, among others. In order to carry out these duties effectively, California law gives the Attorney General broad investigative powers. Speci?cally,?Government Code sections 11180 et seq. grant the Attorney General, as head of the Department of Justice, the authority to issue subpoenas and promulgate interrogatories. The Attorney General may use these powers for various reasons, including assisting him in considering possible prosecutorial actions, proposing legislation, and formulating enforcement policies with other agencies. These investigative powers are not dependent on the initiation of a civil lawsuit or an administrative proceeding. If a party disobeys a subpoena, the Attorney General may petition the Superior Court for enforcement. 6. Facebook needs no introduction. The Silicon Valley-based social media giant, which has grown to include the Facebook, WhatsApp, and Instagram platforms, is the ?fth largest company in the United States by market capitalization, sixth most pro?table, and boasts nearly 40,000 employees. Most adults with intemet access use Facebook, many of them to share the intimate details of their lives with friends and family. Facebook gathers and maintains personal information of billions of users throughout the world and millions in California. This data gathering occurs both on acebook?s own platforms and through widespread surveillance that Facebook conducts on other websites and online activities. The company then monetizes the data through the provision of highly targeted advertisements to customized audiences on acebook?s products, making the company billions in revenue. JURISDICTION AND VENUE 7. Jurisdiction and venue are proper in the Superior Court of the State of California in the City and County of San Francisco under Government Code section 11186. The Attorney General primarily conducts the investigation into Facebook in the City and County of San Francisco, with some work performed in other parts of the State. BACKGROUND 1. THE FACEBOOK PLATFORM 8. Among other endeavors, Facebookoperates a social media platform that allows individuals and organizations to create personalized online pro?le pages about themselves, ?lled 3 Pet. to Enf. Subp. with biographical details, photos, and a scrollable record of chronological ?posts? about the user. Facebook also lets users connect with other users as ?Friends,? and as relevant here, purports to allow users to restrict access to their information using various privacy settings. 9. In 2007, Facebook launched a developer portal that let third-party software developers create applications that interacted with Facebook users. These ?Facebook apps,? like apps on a mobile phone, were small programs that operated on Facebook?s website or mobile app. acebook apps included popular games or quizzes that allowed a user to post serious or humorous results, such as what ?ctional character a user?s personality resembles. To make them personalized, Facebook granted apps the ability to access data about users from Facebook?s database. For example, a horoscope app might capture a user?s birthdate to provide the horoscope. Facebook made millions of apps available to users, opening the door for millions of apps to collect user data. 10. Facebook also allowed apps to access non-public data?information that users thought they had restricted?about both themselves and their Friends. Some app providers, appear to have exploited this access to collect other user data, build pro?les on users, and sell those to third parties. This includes apps af?liated with Cambridge Analytica, which obtained data on 87 million Americans that was allegedly used to conduct election-related disinformation Campaigns. Questions have arisen as to what Facebook knew about this conduct, why it failed to prevent app providers from misusing? user data, and whether this behavior violated California law. 11. In addition, Facebook told users that the company had safeguards in place to protect their data, and it offered controls that purported to allow users to decide whether and how their data was shared. However, the Cambridge Analytica, scandal, combined with reports that Facebook allowed its business partners to access user data, even when those users had opted out of such sharing, suggests that Facebook may not have honored its obligations to its users, or complied with California?s privacy or consumer protection laws. 11. THE ATTORNEY INVESTIGATION 12. California law grants the Attorney General the authority to investigate reports of unlawful, unfair, deceptive, or otherwise improper business practices, including 4 Pet. to Enf. Subp. 10misrepresentations to consumers, failures to make adequate disclosures in connection with personal information and online services, and violations of individuals? privacy. Using this authority, the Attorney General initiated an investigation and continues to investigate acebook?s compliance with California?s privacy and consumer protection laws, including but not limited to the allegations set forth above. 13. On June 4, 2018, the Attorney General, acting through of?cers of the Department of Justice to whom he had delegated investigative authority under section 11182 of the Government Code, served Facebook with a subpoena for documents based on the allegations involving Facebook and Cambridge Analytica. Facebook accepted service of the subpoena and acknowledged its receipt. Facebook made its last production of documents in response to this ?rst subpoena on April 17, 2019, but the company wrote that it planned to make?additional productions ?on a rolling basis.? On June 5, 2019, a year and a day after the subpoena issued, Facebook?nally admitted that it had actually completed its production of documents. 14. On June 17, 2019, the Attorney General, acting through of?cers of the Department of Justice exercising delegated authority, properly served Facebook with a second set of investigative interrogatories and a second investigative subpoena, requesting additional information and documents. Copies of the investigative interrogatories and subpoena are attached as Exhibit A and and are incorporated into this petition. Facebook was subpoenaed and required to answer interrogatories in the manner prescribed in section 11180 et seq. of the Government Code; The interrogatories and the subpoena, respectively, provided notice of the time and place for answering the interrogatories and for production of the papers. (Gov. Code, 11187, subd. By agreement, Facebook?s ?attorneys accepted service of the interrogatories and subpoena. 15. The Attorney General?s interrogatories and subpoena were regularly issued, and they relate to the Attorney General?s ongoing investigation into Facebook?s compliance with consumer protection and privacy laws. The investigatory interrogatories seek the following relevant information: The number of California users and rates at which they activated privacy settings to 5 Pet. to Enf. Subp. 2'8 prevent apps from accessing data; 0 The effects of the various privacy settings on third parties? access to data, including which apps Facebook granted access to user data despite users restricting access to their information; 0 Information about Facebook?s enforcement of its policies against developers; 0 An explanation of the technical workings of Facebook?s software that allowed various entities to access user data. The Attorney General?s subpoena seeks the following materials: 0 Communications among executives regarding: 1) any consideration of the need to audit developers? access to user data; 2) third parties granted expanded access to user data; 3) the relationship between ad spending and access to data; 4) significant privacy-related news stories; and 5) the introduction of new privacy features. 0 Documentation regarding the changes to and user testing of Facebook?s privacy settings; 0 Communications regarding a user?s likely response to privacy settings; 0 Documents regarding Facebook?s privacy program, which was mandated by the Federal Trade Commission in 2012 pursuant to a consent decree, yet failed to prevent the Cambridge Analytica scandal. . FACEBOOK HAS FAILED T0 ADEQUATELY AND RESPOND. 16. Facebook broadly refuses to answer the interrogatories or comply with the subpoena as required. Facebook will not provide a direct answer to 19 out of 27 interrogatories (Nos. 26- 37, 40-42, 47?50) and has only provided a partial response to 6"(Nos. 24, 25, 43, 44, 45, 46). Facebook has produced no new documents for six document requests (Nos. 19-21 26?28), and appears to have conducted an insuf?cient search for request no. 25. 17. Facebook has also refused to conduct a complete search for responsive documents. Facebook has, for example, refused to search for communications among senior executives regarding terminating developers? access to user data, various privacy-related news stories, and Facebook?s public responses. On information and belief, Facebook has not searched the emails of the company?s Chief Executive and Chief Operating Of?cers for documents responsive to the 6. P?e?t. to Enf. Subp. 10 11 12 13 14 15subpoena. 18. This lack of cooperation, particularly with respect to communications among senior executives, is not unique to the Attorney General?s investigation. A member of the Federal Trade Commission recently wrote to express serious concerns over acebook?s candor with federal regulators: Based on the material presented to me, I was very concerned about Facebook?s . cooperation and candor in its dealings with the Commission and its staff. In my view, there were multiple inconsistencies and de?ciencies in Facebook?s responses to questions. I questioned Whether the company?s document productions were truly complete. I believe that Facebook struggled to answer many requests for data, and I ascertained that the company was resistant to providing documents from Zuckerberg?s ?les. (Dissenting Statement of Commissioner Rohit Chopra, In, re Facebook, Inc. Federal Trade Commission File No. 1823109, July 24, 2019, at page 6.) Pet. to Enf. Subp. 28- PRAYER FOR RELIEF Pursuant to Government Code sections 11186-11188, the Attorney General prays that this Court: 1. Issue an order directing Respondent to appear before this Court and to Show cause why it has refused to comply with the Subpoena and Interrogatories, and, upon Respondent?s failure to show cause; i 2.. Enter an order directing Respondent to provide full responses to Interrogatories Nos. 26 37, 4O 42, and 47?50; complete its response to Interrogatories Nos. 24, 25, 43, 44, 45, 46; and produce documents for Requests for Production Nos. 19-21 and 25?28; and 3. All other relief to which the people are legally entitled. Dated: November 6, 2019 Respect?ally Submitted, XAVIER BECERRA Attorney General of California NICKLAS A. AKERS Senior Assistant'Attorney General STACEY D. SCHESSER Supervising Deputy Attorney General 7bL(%w/ MICAH C. E. OSGOOD LISA B. KIM SUSAN SAYLOR MANEESH SHARMA Deputy Attorneys General Attorneys for the People of the State of California SF2018400570/14237593.docx Pet. to Enf. Subp. EXHIBIT A Amt-XAVIER BECERRA (SBN 1 18517) Attorney General of California NICKLAS A. AKERS (SBN 211222) Senior Assistant Attorney General STACEY D. SCHESSER (SBN 24573 5) Supervising Deputy Attorney General LISA B. KIM (SBN 229369) SUSAN SAYLOR (SBN 154592) MICAH C.E. (SEN 25523 9) MANEESH SHARMA (SBN 280084) Deputy'Attorneys General 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269?6369 lisa.kim@doj.ca.gov BEFORE THE DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL STATE OF CALIFORNIA In the Matter of the Investigation of: FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS Govfcons 11180, ET SEQ. NOTICE to Benjamin A. Powell, Esq.: You are hereby served on behalf of Facebook, Inc. pursuant to your agreement to accept service on your client?s behalf. FACEB OOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS 2.5- 26 27 28 Pursuant to the powers conferred by Article 2 of Chapter 2 of Division 3 of Title 2 of the Government Code of. California (Cal. Gov. Code, 11180 et seq.) on the Attorney General, as head of the California Department of Justice, which powers and authority to conduct the above entitled investigation have been delegated to the undersigned, an officer-of that Department, FACEBOOK, INC. (hereinafter IS HEREBY COMMANDED to produce the documents, books, records, papers and other items (collectively ?Items?,) described in Attachment A to this Investigative Subpoena which are in custody, possession-or control, or the custody, possession or control of subsidiaries, af?liates, parents, predecessors, successors, employees, partners, of?cers, agents or representatives, whether or not the present location of any of the Items designated is in California, at the California Department of Justice, Office of the Attorney General, 1300 Street, Sacramento, CA 95814-2919, ATTN: Deputy Attorney General Lisa B. Kim, within thirty days of service hereof. INSTRUCTIONS FOR COMPLIANCE 1. If FACEB OOK claims that an item or a portion of an item is privileged and FACEBOOK withholds it from production for that reason, FACEBOOK must create and submit a privilege 10 which lists: (1) the authors and their capacities; (2) the recipients (including 00?s and bcc?s) and their capacities; (3) other individuals with access to the document and their capacities; (4) the type of document; (5) the subject matter of the document; (6) the purpose(s) for the creation of the document; (7) the date on the document; and (8) a detailed explanation setting forth the factual and legal basis for your claim that the document is privileged or otherwise immune from production. I 2. I To the extent responsive items exist in an electronic or computerized format, please contact the of?cer issuing this subpoena to discuss the manner and format in which the, items are to be produced so as to facilitate the production of full and complete copies in a usable? format. In the absence of an agreement regarding the manner and format of production, the following instructions shall apply: FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS oo?mm-hmw The information shall be provided in accordance with the California Attorney General?s Of?ce Production Format as outlined in Attachment below. I . b. The response shall. include all DOCUMENTS and computer programs necessary to the accurate conversion, analysis, and review of the electronic data, including but not limited to operating instructions, manuals and user guides, keys, legends, and codes for systems, programs, ?les, and data ?elds. 3. This Investigative Subpoena has been issued in connection with an investigation within the scope of section 131 of the California Penal Code. 4. No item requested herein shall be destroyed or discarded by FACEBOOK until the Attorney General has made a written determination that the item in question is not necessary for furtherance of this investigation. 5. When producing items, identify by number the request('s) to which the Item is responsive. 6. As used herein, the past tense includes the present and future tenses, the present tense includes the past and future tenses, and the future tense includes the past and present tenses; tenses must be construed in the manner that would include, rather than exclude, information. 7. As used herein, the singular includes the plural and the plural includes the singular, .and must be construed in the manner that would include, rather than exclude, information. DEFINITIONS For purposes of this investigative subpbena, the terms set fo1th below are de?ned as follows: l. OTHERS means the setting used to limit data SHARED th1 ough FRIENDS with THIRD PARTY APPLICATIONS as set out 011 page 19 et seq. of the March 15, 2019 letter from Benjamin A. Powell to Stacey Schesser and Lisa B. Kim. 2. means every disclosure, transfer, exchange, OR transmission of information, whether oral, written, OR electronic, and whether face-to-face, by telecommunications, telephone, computer, mail, e?mail, text message, instant message, 3 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS .287 FACEBOOK Messenger, screenshot, picture, facsimile (fax) machine, OR otherwise, including . any and all attachment(s). 3. means the settings that a user can alter or accept to limit the sharing of USER INFORMATION with third parties, including audience selectors, GRANULARDATA PERMISSIONS, PLATFORM OPT OUT, APPS OTHERS USE, and-the like. I 4. - means any natural or corporate person that develops an application, software experience, game, or website, that accesses information from APIs or other FACEB 60K software. 5. a ?writing? as defined in section 250 of the California Evidence Code, and includes COMMUNICATIONS, computer files, text messages, instantlmessages, word processing documents, spreadsheets, databases, calendars, and all other forms of ?electronically stored information? as defined in Section 2016.020 of the California Code of Civil Procedure. . 6. API ACCESS means the entity or entities with whom FACEBOOK partnered with for EXTENDED API 7. API ACCESS means a partnership formed by agreement between FACEBOOK and a DEVELOPER that allowed the DEVELOPER access to certain FACEBOOK APIs on terms speci?ed within the agreement, such as 0002916, and beyond those terms offered to typical THIRD PARTY APPLICATIONS on the FACEBOOK Platform. This de?nition includes agreements performing the same general function, even if not titled as an ?EXtended API Addendum.? . 8. means the social networking online service operated by FACEBOOK, Inc. where USERS access content, including THIRD PARTY APPLICATIONS, websites, and games. For purposes of this subpoena, FACEBOOK PRODUCT means content accessed online at and mobile application, but does not include acquired properties, such as Instagram and WhatsApp. 4 FACEBOOK, INC. INVESTIGATIVE SUBPOENA-FOR DOCUMENTS 4:28' wood-Chm 9. I means a USER who is connected to another USER on the FACEBOOK PRODUCT. 10. DATA refers to the setting used to limit data SHARED with THIRD PARTY APPLICATIONS as set out at page 4 ct seq. of the March 15, 2019 letter from Benjamin A. Powell to Stacey D. Schesser and Lisa B. Kim. 11. means the product that FACEBOOK offered that used FACEBOOK USER provide personalized experiences on select partners? websites, as described by FACEBOOK in its December 18, 20 I 8 Newsroom post found online at 12. PERSONALIZATION means the entity or entities with whom FACEBOOK partnered for INSTANT PERS ONALIZATION. 13. PERSONALIZATION means the relationship FACEBOOK had with INSTANT PERS ONALIZATION PARTNERS. 14. . means the entity or entities with whom FACEBOOK has an INTEGRATION PARTNERSHIP. I 15. - means the relationship FACEBOOK has with companies that built integrationsfor a variety of devices, operating systems, and other products, as deScribed by FACEBO'OK'inAppendix A of the July 20, 2018 letter Anj an Sahni sent to Stacey D.'Schesser and Lisa B. Kim. 16. OPT means the setting used to disable platform as set out at page 10 et seq. of the March 15, 2019 letter from Benjamin A. Powell to Stacey D. Schesser and Lisa B. Kim.- 17. or mean any formal or informal policy, procedure, rule, guideline, collaborative document, directive, instruction, OR practice, whether written or unwritten, that YOU expect YOUR employees to follow in performing their jobs. 18. means the settings that control what information in a pro?le is SHARED with other USERS through audience selectors, such as phone number, email, current city, birthday, relationship status, work, and education. I 5 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS \Jox?mamtomeans to provide, communicate, transfer, release, disclose, disseminate, sell, rent, trade, OR otherwise make aeoessible cr'available in writing, electronically, or by other means. I 20. PARTY shall have the same meaning as the terms ?Platform and ?app? used in policies produced to, the California Attorney General bearing the Bates Labels FB-AG-O 0000001 through I 21. means the individuals who maintain an account and can generally access the typical FACEBOOK experience via website or mobile application ina personal capacity. 22. means any information related to the FACEEOOK PRODUCT that identi?es, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, the following information: name; physical address, including street name and name of a city or town; telephone number; email address;'online contact information, including a screen name, username, or social network pro?le that functions as online contact information; user account credentials; a persistent identi?er such as a user number held in a cookie or a processor serial number; a unique device identi?er or a universally unique identi?er, including geolocation information, including GPS?based location information and network-based or cell-based location information; longitude and latitude data; education; employment; employment history; and any other social media content generated by OR associated with a particular individual; including status updates, likes, OR group af?liations. 23. or or means FACEBOOK, Inc. and its past or present officers, agents, employees, attorneys, predecessors, affiliates, subsidiaries, parent 6 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS companies, former business names: and dbas, and anyone acting on YOUR behalf 01: at YOUR direction. FAILURE: TO COMPLY WITH THIS SUBPOENA WILL SUBJECT YOU TO THE PROCEEDINGS AND PENALTIES PROVIDED BY Dated: June. 2-019 XAVIER- BECERRA Attomey? General of California NICKLAS A. AKERS Senior Assistant Attorney General STACEY D. Supervising Deputy Attorney General KIM SUSAN SAYLOR MICAH CE. MANEESH SHARMA- Deputy Attorneys General LISA B. KIM Deputy A?Ol?ney General ACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS gnaw ATTACHMENT A- 18. Records tracking the USER DATA access permissions grantedto DEVELOPERS pursuant to an EXTENDED API ACCESS PARTNERSHIP. 19. All YOUR internal COMMUNICATIONS from 2013 to 2018 re?ecting the contemplation, plamiing, or performance of a general audit of access to USER INFORMATION, including through THIRD PARTY APPLICATIONS, INTEGRATION PARTNERSHIPS, INSTANT and EXTENDED API ACCESS PARTNERSHIPS. i 20. All COMMUNICATIONS concerning the negotiation of, entrance into, or termination. of, an EXTENDED API ACCESS PARTNERSHIP. 21. All COMMUNICATIONS from 2012 to 2015 regarding conditioning access to USER INFORMATION on advertising spending or other payment. 22. All DOCUMENTS that support YOUR contention that FACEBOOK ?never implemented, let alone seriously considered? (emphasis in the original) ?charging developers for access to user data,? as stated on page 6 of the April 17, 2019 letter from Benjamin A. Powell to Stacey D. Schesser and Lisa B. Kim. I 23. All DOCUMENTS re?ecting the study, testing, or analysis of understanding of, or reaction to, a DATA CONTROL in effect during 2013 to present, or any proposed change to a DATA CONTROLS during that time frame, including any AJB testing, or studies on user experience or usability of DATA CONTROLS. 24. All COMMUNICATIONS regarding a potential reaction to or understanding of DATA CONTROLS. . i 25. All YOUR internal COMMUNICATIONS, involving a Director, Vice President, or above, about the development of the ?privacy tour,? ?privacy basics,? or ?privacy as those terms were used by in the March 15, 2019 letter from Benjamin A. Powell to Stacey D. Schesser and. Lisa B. Kim. 26. i. All YOUR internal COMMUNICATIONS, involving a Director, ViceP-resident, or above, about the termination of a access to USER INFORMATION. 8. FACEBOOK, INC. . INVESTIGATIVE SUBPOENA FOR DOCUMENTS 27. All YOUR internal COMMUNICATIONS, involving a Director, Vice President, or above, that occurred within one week of a request for comment regarding, or the publication of, the following news reports: 0 The Guardian is reporting on December 11, 2015, that ?Ted Cruz us [ed] firm that harvested data on millions of unwitting Facebook users?, I 0 Various news outlets reporting on March 17, 2018, about Facebook and Cambridge Analytica; . The New York Times reporting on June 3, 2018,that ?Facebook gave device makers deep access to data on users and friends?, 0 The Wall Street Journal reporting on November 28, 2018, that ?Facebook . considered charging for access to user data?; . I The Washington Post reporting on December 5, 2018, that ?Facebook [allegedly] offered advertisers special access to users? data. and activities?; and 'o The New Yo: Times 1eporting on December 18,2018, that ?Facebook gave some of the world? largest technology companies more intrusive access to users? personal data.? 28. All YOUR internal COMMUNICATIONS, involving a Director, Vice President, or above, regarding approval of the following Facebook Newsroom items: Why We Disagree with the New York Times, dated June 3,2018; 0 Response to Six4Th1ee Documents, dated Decembe1 5,2018 - Let?s Clear Up a Few Things About Facebook? Partners, dated Dece1nber 18, 2018. a acts About Facebook?s Messaging Partnerships, dated December 19,2018; o~ Cracking DoWn on Platform Abuse, dated March 21,2018, 29. -'All YOUR internal POLICIES on the enforcement of Platform Policy, Data Policy, Terms of Service, or Statement of Rights and Responsibilities, on THIRD PARTY APPLICATIONS, INTEGRATION PARTNERSHIPS, INSTANT PERSONALIZATION PARTNERSHIPS, and EXTENDED API ACCESS PARTNERSHIPS. . 30. . All ?Enforcement Rubric[s]? used by FACEBOOK, as that term is used on page 4 of the April 17, 2019 letter from Benjamin A. Powell to Stacey D. Schesser and Lisa B. Kim. 31. All ?cease and desist letters? sent by FACEBOOK to DEVELOPERS, between January 1, 2013, and March 1, 2018, as that term is used on page 12 of the July 20, 2018 letter from Anjan Sahm' to Stacey D. Schesser and Lisa B. Kim. 9 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS 1?1 32. A11 ?letter agreements? resolving an enforcement concern as that term is used on page 1-2 of the. July 20, 2018 letter from Anjan Sahni to Stacey D. Schesser and Lisa 13. Kim. 33. logs documenting any code changes made to DATA CONTROLS, sometimes referred to as ?Commit Logs.? 34. All ?Privacy Risk and notes or agenda relating to ?focused subject?matter?speci?c meetings,? ?weekly intra- and inter-team meetings,? and - ?Privacy as detailed in ?Facebcck?s Privacy Program Overview?. at page 9 of the ?Independent Assessor?s Report on Facebook? 3 Privacy Program? at 35. All t1anscr1pts of deposition or other testimony by FACEBOOK former and current employees in the litigation titled, Six4Three, LLC v. Facebook, No. CIV 533328), Superior Court of the State of California, County of San Mateo, ?led on April 10, 2015. 36. . discovery responses, excluding documents produced, in the - litigation titled, Six4Three, LLC Faceboiok, Inc. (Case No. CIV 533328), Superior Court of the .State of California, County of San Mateo, ?led on April 10, 2015. 37. 1esponses to any formal or informal requests for information, interrogatories, or other discovery, excluding documents produced, to the Federal. Trade Commission regarding its investigation into privacy practices, after entry of the Federal Trade Commission?s July 27, 2012 Decision and Order, in its action titled In the Matter of Facebook, Inc. Doc. No. 0923184. . 10 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS ummowtg ATTACHMENT California Attorney Generalls foice PRODUCTION FORMAT I. PRODUCTION on m: (anemones STORED- (sen A. Load files. Except where noted in section (K) below, all E51 is- to he produced in electronic format With file suitable for loading into a Concordance compatible litigation support revienr database. All productions will include both image and metadata load ??r-less as xdesmih-ed in Appendix A: Load File Format. B. Met-adata Fields and Pnecessing? Each of the inetaclata and coding ?elds set forth in Appendix that can be extra c?ted from a document shall beprodnced for that document. The parties are-not obligated to populate manually any of the ?elds in Appendix if?snch, fields cannot be extracted ?cm a document. C. System, Files. Common system and program ?les used not be processed, reviewed or produced. The producing party shall keep an inventory of the system ?les not being prochiced and the criteria (eggs. non? . human readable file, etc.) for not processing the file's- D. Email. Whenever possible?, email shall. he collected {tom the producing party?s entail? store or server MS Exchange, Lotus Notes) because this is the most reliable source from Which'to produce and - maintain entail metadata Metadata and "header ?elds" shall be: extracted from entail messages. Email mesa-gen. meeting notices, calendar items, contacts and tasks shall all be extracted from the enmil archives. E.. De?Duplicatinn. Removal of duplicate documents shall only be done on exact duplicate documents (based on or hash values at the document leveling-ass all custodians (global), and. the Custodian. ?eld will list. each separated 1331a semicolon, who was a source of that docmnent prior to dednplication If a party is mla?hl?e to provide such information within the Custodian ?eld, or if global. dednpli-cation could othenviseliinit "the ability to provide that a particular doctnn'ent was possessed by a custodian, then removal of duplicate documents shall only be done on exact duplicate documents {based on MES or hash values at the document: level} units: a sow-?cc (mistodian). F. Single-page Group IV TIFF images shall he provided using at least 300 33.91 print setting. Each image shall have a unique file- name. Which is the Bates number ofthe document Original document orientation shall he maintained (in, portrait to portrait. and landscape to landscape). TIFFs will show any and all text and images which would be visible to the reader using the native software that created the document. Documents containing color need not be produced initially,r in color. However, if an original doclnnent contains color neceSsa?ry to 1mderstand the meaning or content of. the docmnent, the producing party will honor reasonable requests for a col-or image of the document. If color images are to he produced, they will he. presided in EEG format. G. Embedded Objects. Obj ects. emb edded'in Microsoft _Word and .RTF documents; which have In con eml) edded with the ?Display as Icon" feature, will be. extracted as separate docmnents and treated like attaclmients to: the document. Other objects embedded in documents shall he produced as native files. 11 FACEBOOK, INC. INVESTIGATIVE SUBPOBNA FOR DOCUMENTS Compressed ?les. Conwression ?le types (cg, .CAB, .TAR, .3, .ZIP) shallhe decooqressed in a reiterative maimer to ensure-that a zip within- a Zip is deconmress ed into the lowest. possible compression resulting in individual folders and.? or ?les. Text Files. For each document, a single text file. shall be provided along with the image ?les and inetadata. The text file name shall be the same as the page Batest'control number of the ?rst page of. the document. Filenemes shall not lulu-?e any special characters or embedded spaces. Electronic text must be extracted directly from the native electronic ?le unless the document was redo cted, an image ?le or a physical file. In. these imtances a text file created-using OCR will he produced in lieu of extracted text. See Section 11.0 for OCR requirements. Under no circumstances shall the receiving party he required to rely upon a less accurate version of the text than the producing party. For example, if the producing party has access to eatraetedtext from (electronic document files, the. receiving: party shall receive extracted text instead of text generated froman image ?le. J. Reduction. If a ?le that originates in ESI needs to he redacted 'hefom production, the file will be rendered in, TIFF, and the TIFF will he redacted and giroduced However, to the extent that the text is. searchable in the native format, the 1n?oducing party will still provide searcliable text for those poitions of the doctrine 111: that. have. not: been redacted. K. Spreadsheets and Presentations. varioustypee of files, including but not; limited to MS Excel spreadsheets, MS PowerPoint. presentations, media. etc, lose signi?cant infoi'nuition and mowing when-produced as an image. dilly native files that are produced shall he produced with a Eatesr-iuunhered TIFF image. slip?sheet stating the document has been produced in native fonnat- Any .IlElliVE: files that are produced shall be produced with the Source File Path mended, as well as: all extracted text and applicable 1' - metadata ?elds set forth in. Appendix. - I Spreadsheets. Excel. spree delieets shall he produced as native document ?le-along with the extracted text and relevant meta-data identi?ed in Appendix for. the entire spreadsheet, plus a Bates-111m1bered TIFF image shy-sheet stating the document has been produced in native fern-11in; I Presentations. Poxoerpoint presentatione shall'be produced as a motive document tile along untli the extracted text and relevant ?inetadata identified in Appendix for the entire presentation, plus a Bates-numberedTlIEF image slip?sheet stating the document has been produced in. native format. L. Other E31 that is: .Ilnpractlcal to Pro dune in Traditional Formatsi The parties understand. and acknowledge that. certain categories of ESI are structurally complex and do not lend them: clues to production as motive- format or other traditional formats. To the extent response to discovery requires production of discoverable electronic information contained in adatalvase, the producing part3? shall consider methods of production host providing all relevant information including but not limited to duplication of. databases or limited access for-the purpose of generating recruits. Parties should consider whether all relevant information 11inybe= provided by quewing the database ?irt discoverable information and generating a. report in a reasonably usable and exportalile electronic file Excel, CSV or SQL format). The parties- agree- to confer to obtain an appropriate resolution to such requests. 12 FACEBOOK, INC. - INVESTIGATIVE SUBPOENA FOR DOCUMENTS 'Endorsements. The producing party will brand, all TIFF images in the lower right?hand comer with . its con'esponding bates numb er, using a consistent font type and size. The bat-es numb er must not obs-Cine any part of the wider-lying date. The producmg '11a1?tywi'11 brand all TIFF images inthe lower le??lmnd corner with all .confidentielitjgr designations, as needed, in accordance with confidentiality de?nitions as agreed "to by the: parties- N. Exception Report. The producing party shall compile an exception report enmaemting any unprocessed or Linprooessable documents, their ?le type and the ?le location. - O. Claw-beck procedure. Any document's recalled due. to up on clawbeck provision shall lievee- specific protocol followed to ensure all copies of eaclilsuch demunentere appropriately? removed from the review database, backup and disaster. recovery system maintained by the opposing party. 13 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS 1 II. PRODUCTION OF PHYSICALLY STDRED INFORMATION (HARD COPY DOCUMENTS) 2 A. TIFFs. Hard copy paper documents shall he seemed as single-pa ge, Group IV compression TIFF 3 images using 11 print setting of at least 300 dots per inch (DPD. Each image shall have a unique .file name, within is the Bates number of?the document. Original document be maintained 4 portrait to portrait and landscape to landscape). 13. Memo ata Fields. The following information shall he produced for hard copy documents and provided 5 in the data load file at the some time-that the TIFF images and the Optical Character Recognition (OCR) 6 acquired text ?les are produced. Each. metadatn?eld shall be labeled as listed below; 7 I Zeb-fa I I a? ?Elia: . :1 4,13% . 8 The Document ID number nssocmied with the first page of a (Unique ID P'u'e?f' parent document (this field willo only be populated to child 9 Child Relationships) records), '1 0 GROUPID The Document ID munbei associated with the ?rst page 'oftlne (Unique ID Parent-r patent. document (in most cases, this will be duir'n in the 1 1 - Child Relationships) BE ATT 1. ?eld) 1 2 BE GBATES (Unique The Document ID number associated with the ?rst pa go of a ID) document. 13 ENDBATES .ABC0000003 (Unique The Document ID number associated with the last page of a . ID) document. 14 . - . ABCUUOUQOI (Unique The Document ID number associated with the ?rst" page of the parent 15 ID Parent-Child . document (if applicable). Relationships(Unique The 'Doeumem'ID number associated with the last pa gc ofthe last 1 7 ID Parent-Child attachment (if applicable). - Re lationship s) 18 PGCOUNT 3 (Numeric) . The number of pages for document. 19 VOLUME VOLOOI The name of CD, DVD or Hard Drive (vendor assigns). 20 CUSTODIAN The custodiuu {source of document. Note: If the documents are tie-duped on a global level, this ?eld will contain the name of arch 2 1 custodian. from which the. document. originatedFACEBOOK, INC. . INVESTIGATIVE SUBPOENA FOR DOCUMENTS 12.1010 Acquired Text F1166. W1611111111j6011112g 11113161661 61001111161116 to an OCR 1.116. 56?11111g6 of . . . 0 - the OCR software 5111111 11111111111126 16111. quahty 01761111066666116661. Any 511611. 65 ?11111010161106? and 1116. 11116 1111611161. 116 111111611 611 when (10511111311125.1116 11111 through the process. D, Database Filesi?rnss-111656161106 6111111'1161111011161611 with 21? (161111111611 111661111116 1116 (.1161 or .1111) and (11) an 111111 36 load file (-0111), .66 1161611611111 Appendix A. Unitizing111131101111161113. In scam?ngpaper 61001111161115, (Est-1110111001111161115 31111111161116 mergedinto 11 'sing161'6corc1, and 51111ng {1661111161116 5116111101 116- 61111-1 into 111111111116 record-s- 11111166110611.11161115 Should 1161:1g1621113.r 111111172611). In 1116 01136 of 1111 01'ga-111'26c1 {30111131121121011 01?5 611111'1116 documents f6: 611511111116, 6 1111:6161 contaming 361161761 361161616 documents 11611111121 11111111161611 111136?1116 d00111n611t 1161111111 61011 tab should 1316 6011111166. S6p11re1t613r but 1116 1 among 1:116 ?106111116nts 1111.116 111111161'311611111116 r6?66t6c1 1-11 11101161 coding 011.1116 beginning 61161611di11g (106111116111 and 31118111115111: fields.'1'116 panties will make 111611 11651; efforts to 111111126 (10011111611121 correctly. 15 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS . h?i Om?mmeN APPENDIX A: REQUESTED LOAD FILE FORNIAT FOR E31 1. Image File F01 mat All 1111ages, paper documents scanned to images 01 1"e11deled EWSI shall be plodueed as 300 dpi single?page Group IV TIFF 1111ages (?01 black/white] or IPG images (fol color.) Documents shouldhe uniquely and sequennally Bates 1111111he1 ed with an endorsement b11111ed into each image. All TIFFIJPG 1111a ge ?le names shall 111e111de the unique Bates number hunted into the image. Each Bates number shall be a standard. length, include leading zeros in the number and be unique for each produced pa go. All image ?les shall be named with .11 ?.tif? or ?.j11g"" extension. I111ages should be able to be using standard COTS products, such as LexisNex?is LAW PreDis eovery, Ipro, etc. Concordance Image Cross?Reforence ?le: Images shall be: accompanied by a. Concordance 111111 ge Cross-Reference file that associates each Bates 1111111be1 with its conesponding single-page TIFFIHJPG anage file. The Cross?Refe1enee ?le should also conta. in the 1111-11ge ?le path for each Bates 1111111be1'ed. page. 0 Image Cross-Reference Sample Format: AB :lDatab aseNameUmage?lOGIlABC?O 0001 AB atabaseNamelImage?xOO 00022 .TIF, AB (25000003 atahaseNameiImageiOD (TIP, 11: AB . 3 Concordance Load File: Images shall also be accompanied by a. "text load Iile? containing delimited text (DAT Iile) that will populate ?elds 111 a sea1ch'1ble, flat database e111 imminent The delnniters for the load file should be Concordance defaults. Comma: 13' ASCII character (020) Quote: 11 ASCII character (2.54) Newline: ASCII chasacter (174} 16 FACEBOOK, INC. INVESTIGATIVE SUBPOENA FOR DOCUMENTS Linus APPEMLK B: NIETADATA FIELDS 1151111 111111111 .1111 PARENTDOCD) t31131(30000001 The Document ID 1111111111 associated with (Unique ID Parent-Child. the [11111: page of 11 13,111 out. document (this field 11111111111 be populated in child recor (is) GROUND 11113000001101 The Document ID 111111111111: as so tainted with. (Unif?le ID Parent-?Child the first page of the parent documenttin Relationships} most cases, this. will he data in. the . BEGATTACH ?eld). BEGBATES ABCDOD 0001 (Unique ID) The Document ID 1111.11111er associated with the ?rst page of 11. document. ABCGOU 0603 (Unique 11)) The Document ID number associated with the last: [mite-of 11 document. - BEGATTACH 0001 (Unique ID Parent. The Document ID number associated with the . Child Rein 110115111113) ?rst page of the parent document. 1NDATTACH [3008 {Unique ID Parent:- The Document [13111111111111 associated with the 1E - Child Rein 110113111113} last. page of the last. attachment. 1PGCOIJNT 3 (Nutrieiic) The number of 1111 gee 101 a document. VOLUME VDLUOI I he name of DVD or Hard Drive (vendor . assigns). SENTDATE .1 he date the 61111111 was sent. ND IE: For attachments to o-mails, this field. should be populated with the date sent of the email transmitting the nttaclmient. SENTTIME The time the email was sent. CREATEDATE The date the document was created. CREATETIME The time the document was created. The date the document was tastinodi?ed. HHMNESS The time to document was 11151 modified 1RECEIVEDDATE The (11116 the document was received. MOE-1WDTIME The time the document was rec civciL 1e. Joe SonduE-niailthibox Location of the original document. The source Joe Smith?E-mailti) Item. 51101111le the start of the full path. Joe 31111111110011: - Joe S-ii?dnlooseLFileleommieiits and .. APPLICATION MS Word, MS 131:ch etc. Type ofdocumcnt 1131" application. HIDDENTYPE Options: Track Changes, Hidden The type of hidden modification. of the Spreadsheet, Very Hidden document g. Track: Changes, Hidden. Spreadsheet, etc. Spren dcheet, Very Hidden. Spreadsheet, etc) HOE jsmi'lh The author of 11 document from entered - meted-ate. 17 FACEBOOK, INC. . INVESTIGATIVE SUBPOENA FOR '11211111111111 FROM 111111111 115111131? 4? Joe 31111111 ?anntli@enmll c0111?1 no. in .111 efciu ituf' i1; The 11111131213,r name and e-Jnail of the author of" 11.11 e?anil. If only e?mail' is given, did]. just list the esmail address. A11 e-mailoddeess should always be provided for every document. TD Joe Smith