Brown v. Google LLC

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA CHASOM BROWN, et al., Case No. 20-cv-03664-YGR (SVK) 8 Plaintiffs, ORDER ON ADMINISTRATIVE 9 v. MOTIONS FOR LEAVE TO FILE UNDER SEAL 10 GOOGLE LLC, Re: Dkt. Nos. 671, 691, 721 11 Defendant.

12 Before the Court are administrative motions for leave to file under seal materials associated with discovery disputes in this case. Dkt. 671, 691, 721; see also Dkt. 718, 736 (declarations in support of sealing motions).

15 Courts recognize a “general right to inspect and copy public records and documents, including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 17 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 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 seeking to seal court records relating to motions that are “more than tangentially related to the underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re “not related, or only tangentially related, to the merits of the case,” the lower “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party moving to seal court records must also comply with the procedures established by Civil Local 1 Here, the “good cause” standard applies because the information the parties seek to seal was submitted to the Court in connection with discovery-related motions, rather than a motion that concerns the merits of the case. The Court may reach different conclusions regarding sealing these documents under different standards or in a different context. Having considered the motions to seal, supporting declarations, and the pleadings on file, and good cause appearing, the Court ORDERS as follows: 7 1. Dkt. 671; see also Dkt. 718 8 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Plaintiffs’ Administrative GRANTED as to the The information requested to be sealed 10 Motion for Relief re: portions at: contains Google’s confidential and Google’s Production of proprietary information regarding Documents Improperly 11 Pages: 1:8-10, 4:7-8 sensitive features of Google’s internal Withheld as Privileged systems and operations, including Google’s internal projects, identifiers, 13 and their proprietary functionalities, that Google maintains as confidential in 14 the ordinary course of its business and is not generally known to the public or 15 Google’s competitors. Such confidential and proprietary information reveals Google’s internal strategies, system 17 designs, and business practices for operating and maintaining many of its 18 services. Public disclosure of such confidential and proprietary information 19 could affect Google’s competitive standing as competitors may alter their systems and practices relating to 21 competing products. It may also place Google at an increased risk of 22 cybersecurity threats, as third parties may seek to use the information to 23 compromise Google’s internal practices relating to competing products.

Exhibit A - Documents GRANTED as to the The information requested to be sealed 25 Google Produced Pursuant portions at: contains Google’s confidential and to this Court’s June 10, proprietary information regarding 26 2022 Order (Dkt. 605) Pages: 2:18-20, 5:14- sensitive features of Google’s internal 16 systems and operations, including 27 Google’s internal projects, identifiers, that Google maintains as confidential in the ordinary course of its business and is 2 not generally known to the public or Google’s competitors. Such confidential 3 and proprietary information reveals Google’s internal strategies, system 4 designs, and business practices for operating and maintaining many of its services. Public disclosure of such 6 confidential and proprietary information could affect Google’s competitive 7 standing as competitors may alter their systems and practices relating to 8 competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties 10 may seek to use the information to compromise Google’s internal practices 11 relating to competing products.

Exhibit C - September 8, GRANTED as to the The information requested to be sealed 12 2021 Letter re: Privilege portions at: contains Google’s confidential and Log proprietary information regarding Page 6 sensitive features of Google’s internal 14 systems and operations, including Google’s internal projects, identifiers, 15 and their proprietary functionalities, that Google maintains as confidential in the ordinary course of its business and is 17 not generally known to the public or Google’s competitors. Such confidential 18 and proprietary information reveals Google’s internal strategies, system 19 designs, and business practices for operating and maintaining many of its services. Public disclosure of such 21 confidential and proprietary information could affect Google’s competitive 22 standing as competitors may alter their systems and practices relating to 23 competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties 25 may seek to use the information to compromise Google’s internal practices 26 relating to competing products.

Exhibit 2 - GOOG-BRWN- GRANTED as to the The information requested to be sealed 27 00855317 portions at: contains Google’s confidential and Entirely sensitive features of Google’s internal systems and operations, including 2 Google’s internal projects, identifiers, and their proprietary functionalities, 3 that Google maintains as confidential in the ordinary course of its business and is 4 not generally known to the public or Google’s competitors. Such confidential and proprietary information reveals 6 Google’s internal strategies, system designs, and business practices for 7 operating and maintaining many of its services. Public disclosure of such 8 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 10 systems and practices relating to competing products. It may also place 11 Google at an increased risk of cybersecurity threats, as third parties 12 may seek to use the information to compromise Google’s internal practices relating to competing products.

14 Exhibit 3 - GOOG-CABR- GRANTED as to the The information requested to be sealed 05949445 portions at: contains Google’s confidential and 15 proprietary information regarding Entirely sensitive features of Google’s internal systems and operations, including 17 Google’s internal projects, identifiers, and their proprietary functionalities, 18 that Google maintains as confidential in the ordinary course of its business and is 19 not generally known to the public or Google’s competitors. Such confidential and proprietary information reveals 21 Google’s internal strategies, system designs, and business practices for 22 operating and maintaining many of its services. Public disclosure of such 23 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 25 systems and practices relating to competing products. It may also place 26 Google at an increased risk of cybersecurity threats, as third parties 27 may seek to use the information to relating to competing products.

1 Exhibit 4 - GOOG-BRWN- GRANTED as to the The information requested to be sealed 0 0856066 portions at: contains Google’s confidential and proprietary information regarding 3 Entirely sensitive features of Google’s internal systems and operations, including 4 Google’s internal projects, identifiers, and their proprietary functionalities, that Google maintains as confidential in 6 the ordinary course of its business and is not generally known to the public or 7 Google’s competitors. Such confidential and proprietary information reveals 8 Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 10 services. Public disclosure of such confidential and proprietary information 11 could affect Google’s competitive standing as competitors may alter their 12 systems and practices relating to competing products. It may also place Google at an increased risk of 14 cybersecurity threats, as third parties may seek to use the information to 15 compromise Google’s internal practices relating to competing products.

16 Exhibit 5 - GOOG-BRWN- GRANTED as to the The information requested to be sealed 17 0 0856578 portions at: contains Google’s confidential and proprietary information regarding 18 Entirely sensitive features of Google’s internal systems and operations, including 19 Google’s internal projects, identifiers, and their proprietary functionalities, that Google maintains as confidential in 21 the ordinary course of its business and is not generally known to the public or 22 Google’s competitors. Such confidential and proprietary information reveals 23 Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 25 services. Public disclosure of such confidential and proprietary information 26 could affect Google’s competitive standing as competitors may alter their 27 systems and practices relating to Google at an increased risk of cybersecurity threats, as third parties 2 may seek to use the information to compromise Google’s internal practices 3 relating to competing products.

Exhibit 6 - GOOG-BRWN- GRANTED as to the The information requested to be sealed 00857642 portions at: contains Google’s confidential and proprietary information regarding Entirely sensitive features of Google’s internal 6 systems and operations, including Google’s internal projects, identifiers, 7 and their proprietary functionalities, that Google maintains as confidential in 8 the ordinary course of its business and is not generally known to the public or Google’s competitors. Such confidential 10 and proprietary information reveals Google’s internal strategies, system 11 designs, and business practices for operating and maintaining many of its 12 services. Public disclosure of such confidential and proprietary information could affect Google’s competitive 14 standing as competitors may alter their systems and practices relating to 15 competing products. It may also place Google at an increased risk of cybersecurity threats, as third parties 17 may seek to use the information to compromise Google’s internal practices 18 relating to competing products.

Exhibit 10 - GOOG- GRANTED as to the The information requested to be sealed 19 BRWN-00848723 portions at: contains Google’s confidential and proprietary information regarding Pages: -725-727 sensitive features of Google’s internal 21 systems and operations, including Google’s internal projects, identifiers, 22 and their proprietary functionalities, that Google maintains as confidential in 23 the ordinary course of its business and is 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 services. Public disclosure of such could affect Google’s competitive standing as competitors may alter their 2 systems and practices relating to competing products. It may also place 3 Google at an increased risk of cybersecurity threats, as third parties 4 may seek to use the information to compromise Google’s internal practices relating to competing products.

6 Exhibit 12 - GOOG- GRANTED as to the The information requested to be sealed CABR-05888096 portions at: contains Google’s confidential and 7 proprietary information regarding Entirely sensitive features of Google’s internal 8 systems and operations, including Google’s internal projects, identifiers, and their proprietary functionalities, 10 that Google maintains as confidential in the ordinary course of its business and is 11 not generally known to the public or Google’s competitors. Such confidential 12 and proprietary information reveals Google’s internal strategies, system designs, and business practices for 14 operating and maintaining many of its services. Public disclosure of such 15 confidential and proprietary information could affect Google’s competitive standing as competitors may alter their 17 systems and practices relating to competing products. It may also place 18 Google at an increased risk of cybersecurity threats, as third parties 19 may seek to use the information to compromise Google’s internal practices relating to competing products.

21 Exhibit 13 - GOOG- GRANTED as to the The information requested to be sealed BRWN-00853326 portions at: contains Google’s confidential and 22 proprietary information regarding Pages: -326, -329- sensitive features of Google’s internal 23 331 systems and operations, including Google’s internal projects, identifiers, and their proprietary functionalities, 25 that Google maintains as confidential in the ordinary course of its business and is 26 not generally known to the public or Google’s competitors. Such confidential 27 and proprietary information reveals designs, and business practices for operating and maintaining many of its 2 services. Public disclosure of such confidential and proprietary information 3 could affect Google’s competitive standing as competitors may alter their 4 systems and practices relating to competing products. It may also place Google at an increased risk of 6 cybersecurity threats, as third parties may seek to use the information to 7 compromise Google’s internal practices relating to competing products.

8 Exhibit 15 - GOOG- GRANTED as to the The information requested to be sealed BRWN-00850441 portions at: contains Google’s confidential and proprietary information regarding 10 Entirely sensitive features of Google’s internal systems and operations, including 11 Google’s internal projects, identifiers, and their proprietary functionalities, 12 that Google maintains as confidential in the ordinary course of its business and is not generally known to the public or 14 Google’s competitors. Such confidential and proprietary information reveals 15 Google’s internal strategies, system designs, and business practices for operating and maintaining many of its 17 services. Public disclosure of such confidential and proprietary information 18 could affect Google’s competitive standing as competitors may alter their 19 systems and practices relating to competing products. It may also place Google at an increased risk of 21 cybersecurity threats, as third parties may seek to use the information to 22 compromise Google’s internal practices relating to competing products.

23 Exhibit 16 - Expert Report GRANTED as to the The information requested to be sealed of Prof. On Amir portions at: contains Google’s confidential and proprietary information regarding 25 Pages 2-4 sensitive features of Google’s internal systems and operations, including 26 Google’s internal projects, identifiers, and their proprietary functionalities, 27 that Google maintains as confidential in not generally known to the public or Google’s competitors. Such confidential 2 and proprietary information reveals Google’s internal strategies, system 3 designs, and business practices for operating and maintaining many of its 4 services. Public disclosure of such confidential and proprietary information could affect Google’s competitive 6 standing as competitors may alter their systems and practices relating to 7 competing products. It may also place Google at an increased risk of 8 cybersecurity threats, as third parties may seek to use the information to compromise Google’s internal practices 10 relating to competing products.

Exhibit 17 - Expert Report GRANTED as to the The information requested to be sealed 11 of Bruce Strombom portions at: contains Google’s confidential and proprietary information regarding 12 Pages: i-ii, 21 sensitive features of Google’s internal systems and operations, including Google’s internal projects, identifiers, 14 and their proprietary functionalities, that Google maintains as confidential in 15 the ordinary course of its business and is not generally known to the public or Google’s competitors. Such confidential 17 and proprietary information reveals Google’s internal strategies, system 18 designs, and business practices for operating and maintaining many of its 19 services. Public disclosure of such confidential and proprietary information could affect Google’s competitive 21 standing as competitors may alter their systems and practices relating to 22 competing products. It may also place Google at an increased risk of 23 cybersecurity threats, as third parties may seek to use the information to compromise Google’s internal practices 25 relating to competing products.

2. Dkt. 691 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Exhibit A GRANTED as to the The information requested to be Excerpts to Berntson June portions at: sealed contains Google’s 16, 2021 30(b)(6) transcript confidential and proprietary Pages 4:12, 4:18, 4:21, information regarding sensitive 5:14-15, 372:11, 372:15, features of Google’s internal 6 390:1-2, 39:15, 390:20, systems and operations, including 395:24, 396:14 various types of Google’s internal 7 projects and proposals and their proprietary functionalities that 8 Google maintains as confidential in the ordinary course of its business and is not generally known to the 10 public or Google’s competitors.

Such confidential and proprietary 11 information reveals Google’s internal strategies, system designs, 12 and business practices for operating and maintaining many of its services. Public disclosure of 14 such confidential and proprietary information could affect Google’s 15 competitive standing as competitors may alter their systems 16 and practices relating to competing products. It may also place Google at an increased risk of 18 cybersecurity threats, as third parties may seek to use the 19 information to compromise Google’s internal practices relating 20 to competing products.

Exhibit B GRANTED as to the The information requested to be GOOG-BRWN-00157001 portions at: sealed contains Google’s 22 (text file) confidential and proprietary Seal Entirely information regarding sensitive 23 features of Google’s internal systems and operations, including various types of Google’s internal projects and proposals and their proprietary functionalities, as well 26 as internal metrics, that Google maintains as confidential in the 27 ordinary course of its business and Such confidential and proprietary information reveals Google’s 2 internal strategies, system designs, and business practices for 3 operating and maintaining many of its services. Public disclosure of 4 such confidential and proprietary information could affect Google’s competitive standing as 6 competitors may alter their systems and practices relating to competing 7 products. It may also place Google at an increased risk of 8 cybersecurity threats, as third parties may seek to use the information to compromise 10 Google’s internal practices relating to competing products.

3. Dkt. 721; see also Dkt. 736 13 Document Sought to be Court’s Ruling on Reason(s) for Court’s Ruling Sealed Motion to Seal Plaintiffs’ Opposition to GRANTED as to The information requested to be sealed 15 Google’s Motion to Strike redacted portions contains Google’s confidential and Exhibit A to Mao at: proprietary information regarding 16 Declaration In Support of sensitive features of Google’s internal Plaintiffs’ Administrative Pages 2:17-19, systems and operations, including 17 Motion for Relief (Dkt. 693) 4:16-25 various types of Google’s internal projects and their proprietary functionalities, that Google maintains as 19 confidential in the ordinary course of its business and is not generally known to 20 the public or Google’s competitors. Such confidential and proprietary information 21 reveals Google’s internal strategies, system designs, and business practices for operating and maintaining many of 23 its services. Public disclosure of such confidential and proprietary information 24 could affect Google’s competitive standing as competitors may alter their 25 systems and practices relating to competing products. It may also place Google at an increased risk of 27 cybersecurity threats, as third parties may seek to use the information to | —sdC relating to competing products. □ Exhibit 1 to Mao Declaration | GRANTED as to The information requested to be sealed 2 - GOOG-CABR-05885871 | redacted portions contains Google’s confidential and at: proprietary information □□□□□□□□□ 3 sensitive features of Google’s internal Seal Entirely systems and _ operations, including 4 various types of Google’s internal 5 projects and their proprietary functionalities, that Google maintains as 6 confidential in the ordinary course of its business and is not generally known to 7 the public or Google’s competitors. Such confidential and proprietary information 8 reveals Google’s internal □□□□□□□□□□□ 9 system designs, and business practices for operating and maintaining many of 10 its services. Public disclosure of such confidential and proprietary information 11 could affect Google’s competitive standing as competitors may alter their 12 systems and practices relating to 13 competing products. It may also place Google at an increased risk of 14 cybersecurity threats, as third parties © may seek to use the information to 15 compromise Google’s internal practices 2 relating to competing products. a 16 SO ORDERED.

Dated: September 28, 2022 Z 18 19 Ss SUSAN VAN KEULEN 1 United States Magistrate Judge