Brown v. Google LLC

Opinion

1 2 3 6 7 CHASOM BROWN, et al., Case No. 20-cv-03664-LHK (SVK)

8 Plaintiffs, ORDER ON ADMINISTRATIVE 9 v. MOTIONS FOR LEAVE TO FILE UNDER SEAL Re: Dkt. Nos. 291, 354, 356, 360, 361 11 Defendant.

12 Before the Court are several administrative motions to file under seal materials associated 13 with discovery disputes in this case. Dkt. 291, 354, 356, 360, 361; see also Dkt. 303, 376. 14 Courts recognize a “general right to inspect and copy public records and documents, 15 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 16 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 17 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 18 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 19 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to court records depends on the purpose for which the records are filed with the court. A party 20 seeking to seal court records relating to motions that are “more than tangentially related to the 21 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 22 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 23 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 24 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 25 moving to seal court records must also comply with the procedures established by Civil Local 26 Rule 79-5. 27 1 Here, the “good cause” standard applies because the information the parties seek to seal 2 was submitted to the Court in connection with discovery-related motions, rather than a motion that 3 concerns the merits of the case. The Court may reach different conclusions regarding sealing 4 these documents under different standards or in a different context. Having considered the 5 motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the 6 Court ORDERS as follows: 7 1. Dkt. 291 8 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 9 Sealed Seal Motion Seeking Relief (Dkt. 291-2) GRANTED as Narrowly tailored to protect 10 to redacted confidential technical information portions at: regarding the operation of Google’s 11 products and systems, including the 12 Page 1 Lines 6- various types of Google’s internal 11 identifiers/cookies and their 13 Page 2 Lines proprietary functions, the various 25-27 types of logs maintained by Google, 14 Page 3 Lines 1- and information contained in those 4, 21-22 logs, that Google maintains as 15 Page 5 Lines 17, confidential in the ordinary course of 16 23 its business and is not generally Page 8 Lines 3- known to the public or Google’s 17 5 competitors. Page 9 Lines 11, 18 16 Page 10 Lines 19 9-11 20 Page 11 Lines 14-17 21 Page 12 Lines 1, 11, 13 22 Page 14 Lines 17, 19, 22-27 23 Page 15 Lines 24 1-10

25 Exhibit E to the Declaration of Erika GRANTED as Narrowly tailored to protect Nyborg-Burch in support of the to redacted confidential technical information 26 Motion Seeking Relief (Dkt. 291-7) portions at: regarding the operation of Google’s 27 Pages 1-2. products and systems, including the various types of Google’s internal proprietary functions that Google 1 maintains as confidential in the 2 ordinary course of its business and is not generally known to the public or 3 Google’s competitors. Exhibit F to the Declaration of GRANTED as Narrowly tailored to protect 4 Erika Nyborg-Burch in support to the document confidential technical information of the Motion Seeking Relief in its entirety regarding sensitive features of 5 (Dkt. 291-8) Google’s operations and consumer 6 data, including Google’s internal data storage infrastructure, that 7 Google maintains as confidential in the ordinary course of its business 8 and is not generally known to the public or Google’s competitors. 9 Exhibit H to the Declaration of GRANTED as Narrowly tailored to protect 10 Erika Nyborg-Burch in support to redacted confidential technical information of the Motion Seeking Relief portions at: regarding the operation of Google’s 11 (Dkt. 291-9) products and systems, including the Pages 2, 4 various types of Google’s internal 12 identifiers/cookies and their proprietary functions, the various 13 types of logs maintained by Google, 14 that Google maintains as confidential in the ordinary course of 15 its business and is not generally known to the public or Google’s 16 competitors. 17 Exhibit I to the Declaration of GRANTED as Narrowly tailored to protect Erika Nyborg-Burch in support to redacted confidential technical information 18 of the Motion Seeking Relief portions at: regarding the operation of Google’s (Dkt. 291-10) products and systems, including the 19 Page 2 various types of Google’s internal identifiers/cookies and their 20 proprietary functions, the various 21 types of logs maintained by Google, that Google maintains as 22 confidential in the ordinary course of its business and is not generally 23 known to the public or Google’s competitors. 24 Exhibit J to the Declaration of GRANTED as Narrowly tailored to protect 25 Erika Nyborg-Burch in support to the document confidential technical information of the Motion Seeking Relief in its entirety regarding the operation of Google’s 26 (Dkt. 291-11) products and systems, including the various types of Google’s internal 27 identifiers/cookies and their maintains as confidential in the 1 ordinary course of its business and is 2 not generally known to the public or Google’s competitors. 3 Exhibit K to the Declaration of GRANTED as Narrowly tailored to protect (1) Erika Nyborg-Burch in support to redacted confidential technical information 4 of the Motion Seeking Relief portions at: regarding the operation of Google’s (Dkt. 291-12) products and systems, including the 5 Pages 1-3, 5-12 various types of Google’s internal 6 identifiers/cookies and their proprietary functions, the various 7 types of databases maintained by Google, that Google maintains as 8 confidential in the ordinary course of its business and is not generally 9 known to the public or Google’s 10 competitors and (2) Plaintiffs’ sensitive information. 11 Exhibit L to the Declaration of GRANTED as Narrowly tailored to protect (1) Erika Nyborg-Burch in support to redacted confidential technical information 12 of the Motion Seeking Relief portions at: regarding the operation of Google’s (Dkt. 291-13) products and systems, including the 13 Pages 2-9 various types of Google’s internal 14 identifiers/cookies and their proprietary functions, the various 15 types of databases maintained by Google, that Google maintains as 16 confidential in the ordinary course of 17 its business and is not generally known to the public or Google’s 18 competitors and (2) Plaintiffs’ sensitive information. 19

20 2. Dkt. 354 21 22 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 23 Sealed Seal December 16, 2021 Joint GRANTED as to Narrowly tailored to protect information 24 Submission portions highlighted that Google maintains as confidential in in yellow at: the ordinary course of its business and is 25 not generally known to the public or 26 2:23, 2:25, 2:27-28, Google’s competitors. 3:7, 3:10-11, 5:14-16 27 3. Dkt. 356 1 2 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 3 Sealed Seal December 17, 2021 Joint GRANTED as to Narrowly tailored to protect information 4 Submission portions highlighted that Google maintains as confidential in in yellow at: the ordinary course of its business and is 5 not generally known to the public or 6 2:19 Google’s competitors.

7 4. Dkt. 360 8 9 Court’s Ruling Document Sought to be on Motion to Reason(s) for Court’s Ruling 10 Sealed Seal GRANTED as to The information requested to be sealed 11 GOOG-BRWN-00409986 (Dkt. 360-1) redacted portions at: contains Google’s confidential and proprietary information regarding 12 Pages 1-2 sensitive features of Google’s internal systems and operations, including 13 details related to internal project, links, and goals, that Google maintains as 14 confidential in the ordinary course of its business and is not generally known to 15 the public or Google’s competitors. 16 Such confidential and proprietary information reveals Google’s internal 17 strategies, system designs, and business practices for operating and maintaining 18 many of its important services, andpublic disclosure of such 19 confidential and proprietary information could affect Google’s competitive 20 standing as competitors may alter their systems and practices relating to 21 competing products. It may also place Google at an increased risk of cyber 22 security threats, as third parties may seek to use the information to 23 compromise Google’s internal projects, documents, and practices relating to 24 competing products. 25 GRANTED as to The information requested to be sealed GOOG-BRWN-00226088 (Dkt. 360-2) redacted portions at: contains Google’s confidential and 26 proprietary information regarding page 3 encryption of Google’s produced 27 document, that Google maintains as confidential in the ordinary course of its the public or Google’s competitors. 1 Such confidential and proprietary information reveals Google’s internal 2 strategies, system designs, and business practices for operating and maintaining 3 many of its important services, and 4 public disclosure of such confidential and proprietary information may place 5 Google at an increased risk of cyber security threats, as third parties may 6 seek to use the information to compromise Google’s internal 7 documents subject to the Protective Order in this case. 8 GRANTED as to The information requested to be sealed GOOG-BRWN-00225677 (Dkt. 360-4) redacted portions at: contains Google’s confidential and 9 proprietary information regarding 10 page 4 e dn oc cr uy mpt ei no tn , to hf a G t Goo og ol ge l’ es mpr ao id nu tac ie nd s as confidential in the ordinary course of its 11 business and is not generally known to the public or Google’s competitors. 12 Such confidential and proprietary 13 information reveals Google’s internal strategies, system designs, and business 14 practices for operating and maintaining many of its important services, and 15 public disclosure of such confidential and proprietary information may place 16 Google at an increased risk of cyber security threats, as third parties may 17 seek to use the information to compromise Google’s internal 18 documents subject to the Protective Order in this case. . 19 GRANTED as to The information requested to be sealed GOOG-BRWN-00477510 (Dkt. 360-5) redacted portions at: contains Google’s confidential and 20 proprietary information regarding 21 Redacted in its sensitive features of Google’s internal entirety systems and operations, including details related to internal research and 22 methodology, that Google maintains as 23 confidential in the ordinary course of its business and is not generally known to 24 the public or Google’s competitors. Such confidential and proprietary 25 information reveals Google’s internal strategies, system designs, and business 26 practices for operating and maintaining many of its important services, and 27 public disclosure of such confidential competitors may alter their systems and 1 practices relating to competing products. It may also place Google at an 2 increased risk of cyber security threats, as third parties may seek to use the 3 information to compromise Google’s 4 internal projects and practices relating to competing products. 5 GRANTED as to The information requested to be sealed GOOG-CABR-03750737 (Dkt. 360-9) redacted portions at: contains Google’s confidential and 6 proprietary information regarding Pages 8-10, 16, 17, 21 sensitive features of Google’s internal 7 systems and operations, including details related to proprietary and 8 potential features of its product, that Google maintains as confidential in the 9 ordinary course of its business and is not generally known to the public or 10 Google’s competitors. Such confidential and proprietary information reveals 11 Google’s internal strategies, system designs, and business practices for 12 operating and maintaining many of its 13 important services, and public disclosure of such confidential and 14 proprietary information could affect Google’s competitive standing as 15 competitors may alter their systems and practices relating to competing 16 products. It may also place Google at an increased risk of cyber security threats, 17 as third parties may seek to use the information to compromise Google’s 18 features and practices relating to competing products. 19 GRANTED as to The information requested to be sealed GOOG-BRWN-00140297 (Dkt. 360-14) redacted portions at: contains Google’s confidential and 20 proprietary information regarding 21 Pages 15, 17, 20-23, sensitive features of Google’s internal 27, 29, 31-33 systems and operations, including details related to proprietary and 22 potential features of its product, that 23 Google maintains as confidential in the ordinary course of its business and is 24 not generally known to the public or Google’s competitors. Such confidential 25 and proprietary information reveals Google’s internal strategies, system 26 designs, and business practices for operating and maintaining many of its 27 important services, and public Google’s competitive standing as 1 competitors may alter their systems and practices relating to competing 2 products. It may also place Google at an increased risk of cyber security threats, 3 as third parties may seek to use the 4 information to compromise Google’s features and practices relating to 5 competing products. GRANTED as to The information requested to be sealed 6 GOOG-CABR-04991831 (Dkt. 360-15) redacted portions at: contains Google’s confidential and proprietary information regarding 7 page 1 sensitive features of Google’s internal systems and operations, including 8 details related to internal projects and proprietary and potential features of its 9 product, that Google maintains as confidential in the ordinary course of its 10 business and is not generally known to the public or Google’s competitors. 11 Such confidential and proprietary information reveals Google’s internal 12 strategies, system designs, and business 13 practices for operating and maintaining many of its important services, and 14 public disclosure of such confidential and proprietary information could affect 15 Google’s competitive standing as competitors may alter their systems and 16 practices relating to competing products. It may also place Google at an 17 increased risk of cyber security threats, as third parties may seek to use the 18 information to compromise Google’s internal projects, features, and practices 19 relating to competing products. GRANTED as to The information requested to be sealed 20 GOOG-CABR-05269357 (Dkt. 360-16) redacted portions at: contains Google’s confidential and 21 proprietary information regarding Redacted in its sensitive features of Google’s internal 22 entirety systems and operations, including details related to internal projects and 23 products and their proprietary features, that Google maintains as confidential in 24 the ordinary course of its business and is not generally known to the public or 25 Google’s competitors. Such confidential and proprietary information reveals 26 Google’s internal strategies, system designs, and business practices for 27 operating and maintaining many of its proprietary information could affect 1 Google’s competitive standing as competitors may alter their systems and 2 practices relating to competing products. It may also place Google at an 3 increased risk of cyber security threats, 4 as third parties may seek to use the information to compromise Google’s 5 internal projects, features and practices relating to competing products. 6 GRANTED as to The information requested to be sealed GOOG-BRWN-00457784 (Dkt. 360-17) redacted portions at: contains Google’s confidential and 7 proprietary information regarding page 1 Google’s internal systems and 8 operations, including details related to internal projects and discussions, that 9 Google maintains as confidential in the ordinary course of its business and is 10 not generally known to the public or Google’s competitors. Such confidential 11 and proprietary information reveals Google’s internal strategies, system 12 designs, and business practices for 13 operating and maintaining many of its important services, and public 14 disclosure of such confidential and proprietary information could affect 15 Google’s competitive standing as competitors may alter their systems and 16 practices relating to competing products. It may also place Google at an 17 increased risk of cyber security threats, as third parties may seek to use the 18 information to compromise Google’s internal projects, features, and practices 19 relating to competing products. GRANTED as to The information requested to be sealed 20 GOOG-BRWN-00048967.C (Dkt. 360- redacted portions at: contains Google’s confidential and 21 18) proprietary information regarding Page 33 encryption of Google’s produced document, that Google maintains as 22 confidential in the ordinary course of its 23 business and is not generally known to the public or Google’s competitors. 24 Such confidential and proprietary information reveals Google’s internal 25 strategies, system designs, and business practices for operating and maintaining 26 many of its important services, and public disclosure of such confidential 27 and proprietary information may place seek to use the information to 1 compromise Google’s internal documents subject to the Protective 2 Order in this case. 3 GRANTED as to The information requested to be sealed GOOG-BRWN-00388293 (Dkt. 360-19) redacted portions at: contains Google’s confidential and 4 proprietary information regarding pages 1, 3 Google’s internal systems and 5 operations, including details related to internal projects and discussions, that 6 Google maintains as confidential in the ordinary course of its business and is 7 not generally known to the public or Google’s competitors. Such confidential 8 and proprietary information reveals Google’s internal strategies, system 9 designs, and business practices for operating and maintaining many of its 10 important services, and public disclosure of such confidential and 11 proprietary information could affect Google’s competitive standing as 12 competitors may alter their systems and 13 practices relating to competing products. It may also place Google at an 14 increased risk of cyber security threats, as third parties may seek to use the 15 information to compromise Google’s internal projects, features, and practices 16 relating to competing products. GRANTED as to The information requested to be sealed 17 GOOG-CABR-00501220 (Dkt. 360-20) redacted portions at: contains Google’s confidential and proprietary information regarding 18 page 2-3, 5-6 sensitive features of Google’s internal systems and operations, including 19 details related to internal projects and proprietary and potential features of its 20 product, that Google maintains as confidential in the ordinary course of its 21 business and is not generally known to the public or Google’s competitors. 22 Such confidential and proprietary 23 information reveals Google’s internal strategies, system designs, and business 24 practices for operating and maintaining many of its important services, and 25 public disclosure of such confidential and proprietary information could affect 26 Google’s competitive standing as competitors may alter their systems and 27 practices relating to competing as third parties may seek to use the 1 information to compromise Google’s internal projects, features, and practices 2 relating to competing products. 3 GRANTED as to The information requested to be sealed GOOG-CABR-05269678 (Dkt. 360-21) redacted portions at: contains Google’s confidential and 4 proprietary information regarding Pages 3, 9-13, 15, 18- sensitive features of Google’s internal 5 20, 22-25, 27, 30-32 systems and operations, including details related to internal projects and 6 proprietary and potential features of its product, that Google maintains as 7 confidential in the ordinary course of its business and is not generally known to 8 the public or Google’s competitors. Such confidential and proprietary 9 information reveals Google’s internal strategies, system designs, and business 10 practices for operating and maintaining many of its important services, and 11 public disclosure of such confidential and proprietary information could affect 12 Google’s competitive standing as 13 competitors may alter their systems and practices relating to competing 14 products. It may also place Google at an increased risk of cyber security threats, 15 as third parties may seek to use the information to compromise Google’s 16 internal projects, features, and practices relating to competing products. 17 GRANTED as to The information requested to be sealed 24. Mardini Transcript (Excerpt) (Dkt. redacted portions at: contains Google’s confidential and 18 360-24) proprietary information regarding 306:10 Google’s internal systems and 19 operations, including details related to internal projects, that Google maintains 20 as confidential in the ordinary course of its business and is not generally known 21 to the public or Google’s competitors. Such confidential and proprietary 22 information reveals Google’s internal 23 strategies, system designs, and business practices for operating and maintaining 24 many of its important services, and public disclosure of such confidential 25 and proprietary information could affect Google’s competitive standing as 26 competitors may alter their systems and practices relating to competing 27 products. It may also place Google at an information to compromise Google’s internal projects and practices relating > o competing products. 3 4 5. Dkt. 361 5 Court’s Ruling □□□ on Motion to Reason(s) for Court’s Ruling 6 Sealed Seal 7 Exhibits relied upon by Google in its GRANTED ee Dkt. 358 portion of the Joint Submission Re: 8 Deposition of Google Officer Sundar Pichai 9 1] Dated: January 6, 2022

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SUSAN VAN KEULEN 14 United States Magistrate Judge

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