7.Brian Harrington — Direct
83 linesMS. PENZA: Thank you, Your Honor, the Government calls Brian Harrington.
(Witness sworn/affirmed.)
COURT CLERK: Have a seat and state and spell your full name for the record.
BRIAN HARRINGTON: Brian Harrington, B-R-I-A-N H-A-R-R-I-N-G-T-O-N.
(Continued on the following page.)
BRIAN HARRINGTON, called by the Government, having been first duly sworn, was examined and testified as follows:
THE COURT: You may inquire.
DIRECT EXAMINATION BY MS. PENZA:
MS. PENZA: Good afternoon Mr. Harrington.
BRIAN HARRINGTON: Good afternoon.
MS. PENZA: Where do you work?
BRIAN HARRINGTON: I work at Oath Holdings, Inc.
MS. PENZA: Is that okay if I call that Oath?
BRIAN HARRINGTON: Yes.
MS. PENZA: And what type of business is Oath?
BRIAN HARRINGTON: Oath is a global media technology company that offers services and products such as Yahoo Mail, Yahoo Search and Tumblr.
MS. PENZA: Where is Oath's headquarters?
BRIAN HARRINGTON: Sunnyvale, California.
MS. PENZA: And is that where you work?
BRIAN HARRINGTON: Yes.
MS. PENZA: What do you do there?
BRIAN HARRINGTON: I'm a senior legal specialist and a custodian of records.
MS. PENZA: What are your responsibilities?
BRIAN HARRINGTON: I respond to legal process for accountholder records and testify as needed.
MS. PENZA: Now, what is Yahoo Mail?
BRIAN HARRINGTON: Yahoo Mail is a service via the World Wide Web where a user can go and create an e-mail address to send, draft, store, and receive electronic communications.
MS. PENZA: And do your -- the responsibilities that you described before that you have, do those relate to Yahoo Mail as well?
BRIAN HARRINGTON: Yes.
MS. PENZA: Just one moment, Your Honor.
THE COURT: Yes, all right.
(Pause in proceedings.)
MS. PENZA: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
(Counsel approaches.)
BY MS. PENZA:
MS. PENZA: Mr. Harrington, I'm showing you what's marked for identification as Government Exhibit 1824 and Government Exhibit 1825. Are you familiar with those?
BRIAN HARRINGTON: Yes, I am.
MS. PENZA: AND does Government Exhibit 1824 contain a true and correct copy of a search warrant returned on the e-mail account KeithRaniere@Yahoo.com?
BRIAN HARRINGTON: Yes.
MS. PENZA: And does Government Exhibit 1825 contain a true and correct copy of CamillasCastle@Yahoo.com and IM --
BRIAN HARRINGTON: IMK-1000-A, I believe.
MS. PENZA: At Yahoo.com?
BRIAN HARRINGTON: Correct.
MS. HAJJAR: Your Honor, the Government offers Government Exhibit 1824 and 1825 into evidence.
MR. AGNIFILO: No objection.
THE COURT: All right government exhibits 1824 and 1825 are received in evidence.
(Government Exhibits 1824 and 1825 received in evidence.)
MS. PENZA: Your Honor, may I have the ELMO just for the witness and counsel?
THE COURT: Go ahead.
BY MS. PENZA:
MS. PENZA: Mr. Harrington, I'm showing you what's marked for identification purposes as Government Exhibit 1826, are you familiar with this document?
BRIAN HARRINGTON: Yes, I am.
MS. PENZA: And can you just explain generally what this is?
BRIAN HARRINGTON: It is the business records containing the subscriber details for the account, KeithRaniere@Yahoo.com.
MS. HAJJAR: Your Honor, the Government offers Government Exhibit 1826 into evidence.
MR. AGNIFILO: I think with a very small redaction, there's no problem.
MS. HAJJAR: Yes, I'll take it out right now.
MR. AGNIFILO: Then we don't object.
THE COURT: All right. Government Exhibit 1826 is admitted.
(Government Exhibit 1826 received in evidence.)
MS. PENZA: Thank you.
(Exhibit published.)
BY MS. PENZA:
MS. PENZA: So, very quickly Mr. Harrington, this is for the Yahoo Mail name Keith Raniere@Yahoo.Com?
BRIAN HARRINGTON: Yes, that's correct.
MS. PENZA: And it lists alternate communication channels. What are alternate communication channels?
BRIAN HARRINGTON: Alternate communication channels are either a phone number or an e-mail address that the account holder can add if they choose to after making the account.
(Continued on the following page.)
BY MS. PENZA (Continuing):
MS. PENZA: So, there's an e-mail address, the first four letters of which are A-R-I-A and then there's a period and then there's something redacted @gmail.com?
BRIAN HARRINGTON: Yes.
MS. PENZA: And then there's a phone number, 518 and then it ends in 7890?
BRIAN HARRINGTON: That is correct.
MS. PENZA: And it says: Full name, Mr. Keith Raniere?
BRIAN HARRINGTON: Correct.
MS. PENZA: And birthday, August 26, 1960?
BRIAN HARRINGTON: Yes.
MS. PENZA: Thank you, your Honor. No further questions.
MR. AGNIFILO: I have no questions.
THE COURT: The witness is excused. You may stand down, sir. Have a good trip.
BRIAN HARRINGTON: Thank you.
(Witness excused.)
THE COURT: All right. Bring back the prior witness.