EX. 2 

EXHIBIT LIST 2: 

ADMISSIBILITY DISPUTED

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 1 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D016 4/28/2017 2016檢測及事件應變合約.pdf DKC0004416 DKC0004425 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D018 4/28/2017 2014安華連網合約影本(檢測).pdf DKC0004431 DKC0004435 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D019 8/4/2016 2016 BSIMM安華資安顧問服務契約.pdf DKC0004436 DKC0004462 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D020 4/28/2017 2015資安檢測合約影本.pdf DKC0004463 DKC0004468 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D021 4/25/2017 BSIMM 外稽合約本文.pdf DKC0004469 DKC0004489 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D022 10/17/2016 安華2016資安檢測合約影本.pdf DKC0004490 DKC0004501 DKC Contracts Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D037 8/4/2016 0804 BSIMM_practice_DLINK.pdf DKC0004637 DKC0004708

Security Practices;

BSIMM Policies and

Procedures;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D038 3/27/2017 2017BSIMM_教材_B_CommonWebVulns.pdf DKC0004752 DKC0004796

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 1 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 2 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D039 11/14/2016 1117 iso27001實務介紹_D‐Link v1.pdf DKC0004797 DKC0004887

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D040 9/7/2016 軟體安全開發實務講座 9月8日.msg DKC0005556 DKC0005556

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D041 9/7/2016 安全程式開發_D‐Link.pdf DKC0005557 DKC0005653

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D042 8/27/2015 2015 Q3 D‐Link產品開發資安講座.eml DKC0005654 DKC0005654

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

Page 2 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 3 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D043 8/27/2015 2015_Q2_Vuln_list.pdf DKC0005655 DKC0005668

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D044 3/16/2017 2017 BSIMM 資安訓練課程 3‐29 Room 8016.eml DKC0005685 DKC0005686

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D045 4/19/2017 2017 BSIMM 資安訓練課程‐Threat Modeling 4‐20 Room 8016.eml DKC0005687 DKC0005688

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D046 4/19/2017 0420 Risk_Management_DLink.pdf DKC0005689 DKC0005744

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 3 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 4 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D047 4/11/2017 2017 BSIMM 資安訓練課程‐Threat Modeling 4‐20 Room 8016[[]1].eml DKC0005745 DKC0005745

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D048 7/18/2016 BSIMM簡介+BSIMM開發實務.eml DKC0005748 DKC0005749

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D049 7/18/2016 0719 BSIMM_FTC_DLINK.pptx DKC0005750 DKC0005815

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D050 11/17/2016 教育訓練‐ISO 27001實務.eml DKC0005829 DKC0005829

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

Page 4 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 5 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D051 4/1/2015 2014_Q4_well_know_vuln_list.pdf DKC0005926 DKC0005938

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D052 3/8/2016 2015_Q4_Vuln_list.pdf DKC0005939 DKC0005953

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D054 2/23/2017 產品安全管理文件一覽表112416.xlsx DKC0005968 DKC0005968

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge)

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D055 1/23/2017 產品開發流程圖_012317.pptx DKC0005969 DKC0005973

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 5 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 6 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D056 1/23/2017 image1.jpg DKC0005974 DKC0005974

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803

DLS D057 2/24/2017 PS‐101‐A 產品安全任務編組說明 V1.0 111116.doc DKC0005975 DKC0005984 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D058 2/24/2017 PS‐201‐A 軟體安全開發流程 v1.doc DKC0005985 DKC0005990

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D059 2/24/2017 PS‐102‐A 產品安全政策 V1.0_111116.doc DKC0005991 DKC0005999

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D060 2/24/2017 PS‐202‐A 產品安全需求管理辦法 v1.doc DKC0006000 DKC0006003

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D061 2/24/2017 PS‐203‐A 軟體安全訓練辦法v1.doc DKC0006004 DKC0006006

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D062 2/24/2017 PS‐204‐A 產品安全需求構想辦法 v1.doc DKC0006007 DKC0006010

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D063 2/24/2017 PS‐205‐A 軟體安全設計辦法 v1.doc DKC0006011 DKC0006014

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

Page 6 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 7 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D064 2/24/2017 PS‐206‐A 軟體安全實作辦法 v1.doc DKC0006015 DKC0006017

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D065 2/24/2017 PS‐207‐A 產品安全測試辦法 v1.doc DKC0006018 DKC0006020

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D066 2/24/2017 PS‐208‐A 軟體安全維運辦法 v1.doc DKC0006021 DKC0006023

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D067 2/24/2017 PS‐209‐A 軟體安全事件管理辦法 v1.doc DKC0006024 DKC0006028

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D068 2/24/2017 PS‐211‐A 軟體開發資安相關作業辦法 v1.doc DKC0006029 DKC0006038

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D069 2/24/2017 PS‐210‐A 軟體安全更新辦法 v1.doc DKC0006039 DKC0006042

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D070 2/24/2017 PS‐212‐A 委外開發作業辦法_v1.doc DKC0006043 DKC0006047

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D071 2/24/2017 PS‐301‐A 資安威脅分析手冊 v1.doc DKC0006048 DKC0006052

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

Page 7 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 8 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D072 2/24/2017 PS‐213‐A 供應商源碼安全檢測作業辦法_V1.doc DKC0006053 DKC0006057 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D073 2/24/2017 PS‐302‐A 產品架構及設計檢視手冊 v1.doc DKC0006058 DKC0006061

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D074 2/24/2017 PS‐303‐A 通用程式編碼手冊 v1.doc DKC0006062 DKC0006065

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D075 2/24/2017 PS‐304‐A 產品安全測試手冊 v1.doc DKC0006066 DKC0006069

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803

DLS D076 2/24/2017 PS‐401‐A 供應商安全評估v1.xlsx DKC0006070 DKC0006070

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Foundation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803

DLS D077 2/24/2017 PS‐402‐A 軟體安全風險評估 v1.xlsx DKC0006071 DKC0006071

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Foundation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803

DLS D078 2/7/2017 PS‐403‐A 安全合規及功能列表 v1.0_111116_WSBU.xlsx DKC0006073 DKC0006073 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

Page 8 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 9 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D079 3/8/2017 PS‐403‐A 安全合規及功能列表 v1.0_122216 (APP安全功能表).xlsx DKC0006074 DKC0006074 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D080 2/24/2017 PS‐404‐A 法規遵循清單 v1.docx DKC0006075 DKC0006076

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D081 2/24/2017 PS‐405‐A 攻擊手法列表 v1.xlsx DKC0006077 DKC0006077

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D082 2/24/2017 PS‐407‐A 弱點風險評估表 v1.xlsx DKC0006078 DKC0006078

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D083 2/24/2017 PS‐406‐A 安全威脅分析表(APP) v1.xlsx DKC0006080 DKC0006080

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D084 2/24/2017 PS‐406‐A 安全威脅分析表(Device) v1.xlsx DKC0006082 DKC0006082

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803.

DLS D085 2/24/2017 PS‐408‐A 軟體安全開發流程檢核表 v1.xlsx DKC0006084 DKC0006084

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803.

DLS D086 2/24/2017 PS‐409‐A 安全需求追溯表 v1.xls DKC0006085 DKC0006085

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803.

Page 9 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 10 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D087 2/24/2017 PS‐410‐A 更新開發流程檢視表v1.docx DKC0006086 DKC0006087

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge), Translation;

Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803; Exhibit contains foreign

language text that has not been translated. Foreign‐

language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D088 2/24/2017 PS‐411‐A 存取權限審查表v1.docx DKC0006088 DKC0006090

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Foundation

(sponsor lacks personal

knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803.

DLS D089 3/7/2017 SF‐I00700‐02A_會議記錄‐發行審查範本.doc DKC0006091 DKC0006092

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Translation;

Foundation (sponsor lacks

personal knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803; Exhibit contains foreign

language text that has not been translated. Foreign‐

language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D090 3/7/2017 SF‐I00700‐02A_會議記錄‐開案審查範本.doc DKC0006093 DKC0006094

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung

Relevance; Translation;

Foundation (sponsor lacks

personal knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803; Exhibit contains foreign

language text that has not been translated. Foreign‐

language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 10 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 11 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D091 3/7/2017 SF‐I00700‐02A_會議記錄‐ 開發審查範本(自行開發適用).doc DKC0006095 DKC0006096 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Translation; Foundation (sponsor lacks personal knowledge); Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; This exhibit is hearsay not within any exception to

the extent it is offered for the truth of the matter

asserted. F.R.E. 801, 802, 803; Exhibit contains foreign

language text that has not been translated. Foreign‐

language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D092 2/8/2017 供應商源碼安全檢測作業辦法_V1.doc DKC0006097 DKC0006101

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D095 4/8/2014 III資策會測試方法說明.pptx DKC1821959 DKC1821967

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung; Brown Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Advertising documen

for III/Onward, irrelevant to whether DLS deceived

consumers; This exhibit is hearsay not within any

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D096 3/10/2015 Test Plan Item.xlsx DKC1821977 DKC1821977 Test Reports; D‐Lab Tsai; Hung Hearsay; Foundation; Translation.

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; Exhibit contains foreign language text that has not

been translated. Foreign‐language text is not admissible

without certified translation. Heary Bros. Lightning

Protection Co. v. Lightning Protection Institute, 287 F.

Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte striking

exhibits because “[t]hey are not in English, and [p]laintif

provide no translation”); United States v. Diaz, 519 F.3d

56, 64 (1st Cir. 2008) (“[t]he submission of foreign

language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D133 12/19/2014 DKS00036752.tif DKS00036752 DKS00036752

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown; Tsai Hearsay; Foundation.

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803; This exhibit should be excluded

because it does not have a tendency to make a fact of

consequence to this dispute more or less probable (F.R.E

401): Screenshot is irrelevant to whether DLS deceived

consumers.

DLS D134 12/19/2014 DKS00036753.tif DKS00036753 DKS00036753

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown; Tsai Hearsay; Foundation.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Other packaging

irrelevant to whether DLS deceived consumers; This

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803 asserted.

Page 11 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 12 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D166 2017檢測合約.pdf DKC0006103 DKC0006139 DKC Contracts Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D167 checkmarx用印完成影本.pdf DKC0006174 DKC0006182 DKC Contracts Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D168 2017安華BSIMM外稽合約copy.pdf DKC0006199 DKC0006217 DKC Contracts Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D169 Checkmarx3年維護合約掃描.pdf DKC0006218 DKC0006225 DKC Contracts Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D170 4/17/2017 RE Security test (119 KB).msg DKC0244011 DKC0244012 Test Reports; D‐ Lab Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 12 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 13 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D173 12/5/2014 image002.jpg DKC0479877 DKC0479877

Response to

Vulnerability

Report; Security

Practices; Training

Documents and

Power Point;

Emails Showing

Timing of

Fix/Testing

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901.

DLS D180 Attachment Part1(2013-資安檢測服務契約).pdf DKC1825541 DKC1825574 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D181 Attachment Part2(2013-資安檢測服務契約).pdf DKC1825575 DKC1825622 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D182 Attachment(2012-設備資安檢測服務執行 報告).pdf DKC1825623 DKC1825659 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D183 Attachment(2012-設備資安檢測服務執行 計畫書).pdf DKC1825660 DKC1825704 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D184 Attachment(2015-資安檢測服務契約).p df DKC1825705 DKC1825736 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 13 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 14 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D185 Attachment(2014-資安檢測服務執行計畫 書).pdf DKC1825737 DKC1825799 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D186 Attachment(2016-資安檢測服務契約).p df DKC1825800 DKC1825831 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D187 Appro dlinkcorp.pdf DKC1825832 DKC1825850 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D188 Alpha Dlinkcorp.pdf DKC1825851 DKC1825864 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D189 Cameo DLinkcorp.pdf DKC1825865 DKC1825880 DKC Contracts Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D222 4/13/2018

11‐0922‐DIR‐615_REV_I‐

Windows_Setup_CD_from_Box_v1_00‐

Screan_Shots.pdf

DLS0054537 DLS0054558

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown Hearsay; Foundation.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Document irrelevan

irrelevant to whether DLS deceived consumers; This

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803.

DLS D224 4/13/2018

18‐0413‐DCS‐3716_Rev_A‐

Setup_CD_From_Package_v1_00‐

Screen_Shots.pdf

DLS0054957 DLS0054989

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown Hearsay; Foundation.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Document irrelevan

irrelevant to whether DLS deceived consumers; This

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803.

Page 14 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 15 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D228 5/2/2018

13‐0701‐DCS‐2310L

Ax_WIn_Setup_Wizard_v1_04_03_Screen_Sh

ots.pdf

DLS0055084 DLS0055096

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown Hearsay; Foundation.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Document irrelevan

to whether DLS deceived consumers; This exhibit is

hearsay not within any exception to the extent it is offere

for the truth of the matter asserted. F.R.E. 801, 802, 803

DLS D230 3/25/2018 support‐dlink‐com‐Terms‐of‐Use_092714.pdf DLS0055122 DLS0055123

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown Hearsay; Foundation.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): DLS website privacy

policy irrelevant to whether DLS deceived consumers.

DLS D276 5/22/2018 2015 Q3 D‐Link產品開發資安講座.msg DKC1827521 DKC1827521

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D279 5/22/2018 2016 1H D‐Link 軟體開發資安講座 (330 PM200 R1016).msg DKC1827549 DKC1827550

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D280 5/22/2018

2017 Checkmarx

源碼掃描工具操作與實務訓練 33 週五

1400.msg

DKC1827566 DKC1827566

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D281 5/22/2018 RE D‐Link LAB‐in LAB‐out criteria started from 1st Oct.msg DKC1827585 DKC1827586

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Hearsay.

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D282 5/22/2018 D‐LAB Lab‐in for Vendor 20161014_TSD2.ppt DKC1827675 DKC1827689

Response to

Vulnerability

Report; Security

Practices; Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority;

SIM Process

Tsai; Hung Foundation (sponsor lacks personal knowledge) Sponsoring witness cannot provide foundation for the admissibility of the exhibit. FRE 602, 901. 

Page 15 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 16 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D284 5/22/2018 D‐Link 2017 Q4 產品資安講座.msg DKC1827697 DKC1827698

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation; Relevance.

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit should b

excluded because it does not have a tendency to make 

fact of consequence to this dispute more or less probabl

F.R.E. 401: Post‐complaint conduct irrelevant.

DLS D285 5/22/2018 D‐Link‐Training‐1026.pdf DKC1827699 DKC1827750

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D286 5/22/2018

程式碼資安掃描工具 Checkmarx

使用者教育訓練講座 ( 3月2日 PM200

Room1016).msg

DKC1827787 DKC1827787

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation; Hearsay.

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit is hearsa

not within any exception to the extent it is offered for th

truth of the matter asserted. F.R.E. 801, 802, 803.

DLS D287 5/22/2018 722_Checkmarx_基本及管理介紹.pdf DKC1827788 DKC1827910

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation; Relevance

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit should b

excluded because it does not have a tendency to make 

fact of consequence to this dispute more or less probab

(F.R.E. 401): doesn't relate to a device or category of

devices at issue

DLS D288 5/22/2018 行動應用App安全開發實務 526 PM200 Room 8016 ‐ 講義寄發.msg DKC1827911 DKC1827912

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

Page 16 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 17 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D290 5/22/2018

DIR‐

825+A1_V1.00WWB05_源碼掃描結果摘要報

告 v1_8.17.xlsx

DKC1828137 DKC1828137

Test Reports;

Vendor Source

Code Scan

Tsai; Hung Translation; Relevance;

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit should b

excluded because it does not have a tendency to make 

fact of consequence to this dispute more or less probabl

F.R.E. 401: Doesn't relate to a device or category of

devices at issue.

DLS D291 5/22/2018 DIR‐890L v1.08b03_Test Report_2015‐07‐ 15.xlsx DKC1828228 DKC1828228 Test Reports; Other Vendor Prerelease Tsai; Hung Hearsay. This exhibit is hearsay not within any exception to the extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D294 5/22/2018

APPRO_DCS‐

2670L_A1_V1.10.02_Camera_Series_WEB_源

碼檢測工具掃描結果報告_20171013.pdf

DKC1842810 DKC1842843

Test Reports;

Vendor Source

Code Scan

Tsai; Hung

Translation; Hearsay;

Foundation (sponsor lacks

personal knowledge);

Relevance;

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit is hearsa

not within any exception to the extent it is offered for th

truth of the matter asserted. F.R.E. 801, 802, 803; This

exhibit should be excluded because it does not have a

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Sponsoring witness cannot provide

foundation for the admissibility of the exhibit. FRE 602,

901; doesn't relate to a device or category of devices at

issue.

DLS D301 5/22/2018 產品資安教育訓練_2015Q2.pdf DKC1861717 DKC1861752

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Translation

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court")

DLS D303 5/22/2018

APPRO_DCS‐

7010L_A1_V1.09.00_源碼掃描結果摘要報告

_20170825.xls

DKC1862078 DKC1862078

Test Reports;

Vendor Source

Code Scan

Tsai; Hung Translation; Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

Page 17 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 18 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D304 5/22/2018 COVR‐2200_源碼掃描結果摘要報告 v1.xlsx DKC1862092 DKC1862092

Test Reports;

Vendor Source

Code Scan

Tsai; Hung Translation; Relevance;

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit should b

excluded because it does not have a tendency to make 

fact of consequence to this dispute more or less probab

(F.R.E. 401): Post‐complaint conduct irrelevant; test

relates to device not at issue.

DLS D305 5/22/2018 PS‐101‐B 產品安全任務編組說明_051517.pdf DKC1862156 DKC1862164

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Document is a draft; Exhibit contain

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit is hearsa

not within any exception to the extent it is offered for th

truth of the matter asserted. F.R.E. 801, 802, 803.

DLS D306 5/22/2018 PS‐203‐B 軟體安全訓練辦法_051517.doc DKC1862185 DKC1862187

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Document is a draft; Exhibit contain

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit is hearsa

not within any exception to the extent it is offered for th

truth of the matter asserted. F.R.E. 801, 802, 803.

DLS D307 5/22/2018 PS‐203‐B 軟體安全訓練辦法_051517.pdf DKC1862188 DKC1862190

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Document is a draft; Exhibit contain

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit is hearsa

not within any exception to the extent it is offered for th

truth of the matter asserted. F.R.E. 801, 802, 803.

Page 18 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 19 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D308 5/22/2018 PS‐209‐B 軟體安全事件管理辦法_051517.doc DKC1862208 DKC1862212 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute more or less probable (F.R.E. 401): Post‐complaint conduct irrelevant; document is a draft.

DLS D309 5/22/2018 PS‐209‐B 軟體安全事件管理辦法_051517.pdf DKC1862213 DKC1862216

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; document is a draft.

DLS D310 5/22/2018 PS‐210‐B 軟體安全更新辦法_060317.doc DKC1862217 DKC1862223

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; document is a draft.

DLS D311 5/22/2018 PS‐210‐B 軟體安全更新辦法_060317.pdf DKC1862224 DKC1862228

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; document is a draft; Exhibit contain

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D312 5/22/2018 PS‐211‐B 軟體開發資安相關作業辦法_051517.doc DKC1862229 DKC1862238 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute more or less probable (F.R.E. 401): Post‐complaint conduct irrelevant; document is a draft.

DLS D313 5/22/2018 PS‐211‐B 軟體開發資安相關作業辦法_051517.pdf DKC1862239 DKC1862247 Security Practices; BSIMM Policies and Procedures Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; document is a draft; Exhibit contain

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D314 5/22/2018 PS‐401‐B 供應商安全評估_062217.xlsx DKC1862263 DKC1862263

Security Practices;

BSIMM Policies and

Procedures

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; document is a draft.

DLS D315 5/22/2018 PS‐402‐B 軟體安全風險評估_062217.xlsx DKC1895614 DKC1895614

Security Practices;

Security Risk

Questionnaire

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

Page 19 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 20 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D316 5/22/2018 PS‐409‐B 安全需求追溯表_062217.xlsx DKC1895630 DKC1895630

Security Practices;

Security Tracability

Matrix

Tsai; Hung Translation; Relevance;

Exhibit contains foreign language text that has not been

translated. Foreign‐language text is not admissible witho

certified translation. Heary Bros. Lightning Protection Co

v. Lightning Protection Institute, 287 F. Supp. 2d 1038,

1074 (D. Ariz. 2003) (sua sponte striking exhibits becaus

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court"); This exhibit should b

excluded because it does not have a tendency to make 

fact of consequence to this dispute more or less probabl

F.R.E. 401: doesn't relate to a device or category of

devices at issue.

DLS D340 5/24/2018 產品安全管理文件一覽表v073117.xlsx DKC1895860 DKC1895860 Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D346 5/24/2018 6.png DKC1895893 DKC1895893 Test Reports; D‐ Track System Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): screenshots are

irrelevant to whether DLS deceived consumers; this

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803.

DLS D347 5/24/2018 3.png DKC1895894 DKC1895894 Test Reports; D‐ Track System Tsai; Hung Relevance; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): screenshots are

irrelevant to whether DLS deceived consumers; this

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803.

DLS D349 End‐of‐Life‐Policy.pdf DLS0060925 DLS0060925

DLS Statements Re

Products; Sec

Advis/Support

SA/Support

Info/PX1

Brown Foundation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): screenshots are

irrelevant to whether DLS deceived consumers; this

exhibit is hearsay not within any exception to the extent 

is offered for the truth of the matter asserted. F.R.E. 80

802, 803.

DLS D352 9/4/2017 DLink 稽核改善說明_20170905.pptx DKC1897046 DKC1897071 Security Practices; BSIMM Audit Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

Page 20 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 21 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D353 11/27/2017 第二次外稽報告 (296 KB).msg DKC1897378 DKC1897378

Security Practices;

BSIMM Audit;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D354 11/27/2017 Audit Report_DLINK_2017_Final_rev02.pdf DKC1897379 DKC1897389 Security Practices; BSIMM Audit Tsai; Hung Relevance; Hearsay; Foundation (sponsor lacks personal knowledge)

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This evidence contains third party

hearsay that is not within any exception. F.R.E. 801, 802

803.; Sponsoring witness cannot provide foundation for

the admissibility of the exhibit. FRE 602, 901.

DLS D355 11/3/2017 Fwd: 11/7複稽.msg DKC1897393 DKC1897393 Security Practices; BSIMM Audit Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D356 11/3/2017 Fwd 117複稽 (32.8 KB).msg DKC1897394 DKC1897395 Security Practices; BSIMM Audit Tsai; Hung Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D357 9/4/2017 稽核改善說明暨建議事項 (1.48 MB).msg DKC1897437 DKC1897437

Security Practices;

BSIMM Audit;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D359 9/1/2017

已接受:BSIMM

第一次外部稽核結果報告及建議 ‐ 

2017年9月5日 (週二) 上午10點 ‐ 下午12點

(TST) (Peter Tsai; Hung).msg

DKC1897480 DKC1897480 Security Practices; BSIMM Audit Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D360 9/1/2017

已接受:BSIMM

第一次外部稽核結果報告及建議 ‐ 

2017年9月5日 (週二) 上午10點 ‐ 下午12點

(TST) (Peter Tsai; Hung) (28.9 KB).msg

DKC1897481 DKC1897482

Security Practices;

BSIMM Audit;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

Page 21 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 22 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D361 9/1/2017 invite.ics DKC1897483 DKC1897483 Security Practices; BSIMM Audit Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D362 8/27/2017 ISMS training material (931 KB).msg DKC1897490 DKC1897490

Security Practices;

Training

Documents and

Power Point;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

DLS D363 8/27/2017 ISMS ISO 27001宣導教育.pptx DKC1897491 DKC1897529

Security Practices;

Training

Documents and

Power Point

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D364 8/23/2017 1st外稽報告.msg DKC1897536 DKC1897536 Security Practices; BSIMM Audit Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D365 8/23/2017 1st外稽報告 (268 KB).msg DKC1897537 DKC1897537

Security Practices;

BSIMM Audit;

Improvements/Sec

urity Is Priority

Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D366 8/23/2017 Audit Report_DLINK_2017_rev01.pdf DKC1897538 DKC1897546 Security Practices; BSIMM Audit Tsai; Hung Relevance; Hearsay; Foundation (sponsor lacks personal knowledge)

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This evidence contains third party

hearsay that is not within any exception. F.R.E. 801, 802

803.; Sponsoring witness cannot provide foundation for

the admissibility of the exhibit. FRE 602, 901.

DLS D367 7/31/2017

已接受:BSIMM 外部稽核第一次 ‐ 8月 2日

(週三) 上午10點 ‐ 2017年8月3日 (週四)

下午5:30 (TST) (Peter Tsai; Hung).msg

DKC1897559 DKC1897559 Security Practices; BSIMM Audit Tsai; Hung Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803.

Page 22 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 23 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D368 7/31/2017

已接受:BSIMM 外部稽核第一次 ‐ 8月 2日

(週三) 上午10點 ‐ 2017年8月3日 (週四)

下午530 (TST) (Pete... (58.6 KB).msg

DKC1897560 DKC1897565 Security Practices; BSIMM Audit Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D369 7/31/2017 invite.ics DKC1897566 DKC1897570 Security Practices; BSIMM Audit Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D370 7/19/2017 RE: Wireless Router BSIMM 檔案.msg DKC1911949 DKC1911949 Security Practices; BSIMM Audit Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant.

DLS D371 7/19/2017 RE Wireless Router BSIMM 檔案 (1.91 MB).msg DKC1911950 DKC1911952 Tsai; Hung Relevance; Translation

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue; Exhibit contains foreign language tex

that has not been translated. Foreign‐language text is no

admissible without certified translation. Heary Bros.

Lightning Protection Co. v. Lightning Protection Institute

287 F. Supp. 2d 1038, 1074 (D. Ariz. 2003) (sua sponte

striking exhibits because “[t]hey are not in English, and

[p]laintiffs provide no translation”); United States v. Diaz

519 F.3d 56, 64 (1st Cir. 2008) (“[t]he submission of

foreign language documents unaccompanied by English

translations is error and in ordinary circumstances woul

bar those documents from consideration by the court")

DLS D373 7/19/2017 Test Report_20170606.pdf DKC1911954 DKC1911979

BSIMM/current

product security

practices

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue.

DLS D374 7/19/2017 PS‐402‐B │n┼ΘawÑ■¡╖└I╡√a⌠_DIR‐ 842C1.xlsx DKC1911980 DKC1911980 BSIMM/current product security practices Tsai; Hung Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803..

Page 23 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 24 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D375 7/19/2017 PS‐409‐B awÑ■╗▌¿D░l╖╣¬φ_DIR‐842C1.xlsx DKC1911981 DKC1911981

BSIMM/current

product security

practices

Tsai; Hung Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803..

DLS D376 7/19/2017 ALPHA_DIR‐ 842Cx_V300_╖╜╜X▒╜┤y╡▓¬G║K¡n│°oi.xlsx DKC1911982 DKC1911982 BSIMM/current product security practices Tsai; Hung No document provided. No document provided.

DLS D377 7/19/2017

ALPHA_DIR‐

842Cx_V300_╖╜╜X└╦┤∙ñu¿π▒╜┤y╡▓¬G│°o

i.xlsx

DKC1911983 DKC1911983

BSIMM/current

product security

practices

Tsai; Hung No document provided. No document provided.

DLS D378 7/19/2017 D‐Link(DIR‐842C1)‐ │]│╞╕Ωaw└╦┤∙░⌡aμ│°oi_b10.pdf DKC1911984 DKC1912018 BSIMM/current product security practices Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue.

DLS D379 7/19/2017 DIR842(0426╜╞┤∙).xlsx DKC1912019 DKC1912019

BSIMM/current

product security

practices

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue.

DLS D380 7/19/2017 Re Need Full Security Test DIR‐842 C1.msg DKC1912020 DKC1912027

BSIMM/current

product security

practices

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue.

DLS D381 7/19/2017 DIR842(0426複測).xlsx DKC1912028 DKC1912028

BSIMM/current

product security

practices

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant, doesn't relate to a device or categor

of devices at issue.

DLS D382 9/21/2017 security for talktalk.pptx DKC1983719 DKC1983735

Security Practices;

BSIMM Policies and

Procedures;

Training

Documents and

Power Point

Tsai; Hung Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This evidence contains third party

hearsay that is not within any exception. F.R.E. 801, 802

803.

DLS D422 1/10/2018 14‐0924_2 Initial Assessment (242 pgs).pdf

FTC Production;

III/Onward

Expertise

Recognized by FTC

Stmnt of Party

Opponent Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct by third

parties irrelevant to whether DLS deceived consumers;

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D423 1/19/2018 15‐0126_1 Supp. Assessment corres (3 pgs).pdf

FTC Production;

III/Onward

Expertise

Recognized by FTC

Stmnt of Party

Opponent Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct by third

parties irrelevant to whether DLS deceived consumers;

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

Page 24 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 25 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D424 1/19/2018 15‐0126_2 Supp. Assessement (56 pgs).pdf

FTC Production;

III/Onward

Expertise

Recognized by FTC

Stmnt of Party

Opponent Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct by third

parties irrelevant to whether DLS deceived consumers;

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D426 10/18/2017 Trendnet correspondence.pdf

Guidance;

III/Onward

Expertise

Recognized by FTC

Stmnt of Party

Opponent Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct by third

parties irrelevant to whether DLS deceived consumers;

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D428 DX 22 Statements for Compliance Week FTC‐DLS‐00009430 FTC‐DLS‐00009435 FTC Production Guidance Arias Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: FTC guidance irreleva

to whether DLS deceived consumers.

DLS D429 DX 23 Current Regulatory Framework FTC‐DLS‐00025233 FTC‐DLS‐00025230 FTC Production; Guidance Arias Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: FTC guidance irreleva

to whether DLS deceived consumers.

DLS D431 DX 25 The FTC's Investigation of TRENDnet N/A N/A FTC Production; Guidance Arias Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

DLS D432 DX 26

Email correspondence that was released by

the FTC pursuant to a FOIA request, the last

chain of the email is from Laura Berger

N/A N/A

Use of III as third

party testing

company in

TRENDNet

Settlement

Arias Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D433 DX 27 document containing the subject line "re:

TRENDnet Inc. Docket #C‐4426" N/A N/A

Transmission of

TRENDNet

Compliance Report

Arias Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D434 DX 28 Compliance report of TRENDnet subject to FTC consent orders N/A N/A

Use of III as

authorized third

party testing

company in

TRENDNet

Settlement

Arias Relevance; Hearsay

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D552

Screenshots of the setup process using the

mydlink Setup Wizard for Microsoft Windows

for the DCS‐2310L camera

DLS0055084 DLS0055096

DLS Statements Re

Products; Product

Packaging/Disclaim

er

Brown Foundation; Hearsay.

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: Incorrect Bates range; No

document with identified Bates range was produced in

discovery.

DLS D653 DX26 Email "RE: Trendnet/Proposed Consent Order" N/A N/A FTC Production; Guidance; FOIA Arias Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803

DLS D654 TRENDnet, Inc. Compliance Report and email N/A N/A FTC Production; Guidance; FOIA Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable. F.R.E. 401: Conduct of other

companies irrelevant to whether DLS deceived consumer

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803

Page 25 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 26 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D670 Onward Security secure coding and other training classes sign‐in sheets DKC0005324 DKC0005367

Security Practices;

Training

Documents and

Power Point

Tsai Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D671

Policy, process, guidelines, and recordkeeing

documents implementing BSIMM (March

2017) (excerpts)

DKC0005975 DKC0005999

Security Practices;

BSIMM Policies and

Procedures

Tsai Relevance; Translation; Hearsay.

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Post‐complaint

conduct irrelevant; This exhibit is hearsay not within an

exception to the extent it is offered for the truth of the

matter asserted. F.R.E. 801, 802, 803; Exhibit contains

foreign language text that has not been translated.

Foreign‐language text is not admissible without certified

translation. Heary Bros. Lightning Protection Co. v.

Lightning Protection Institute, 287 F. Supp. 2d 1038, 107

(D. Ariz. 2003) (sua sponte striking exhibits because

“[t]hey are not in English, and [p]laintiffs provide no

translation”); United States v. Diaz, 519 F.3d 56, 64 (1st

Cir. 2008) (“[t]he submission of foreign language

documents unaccompanied by English translations is err

and in ordinary circumstances would bar those documen

from consideration by the court").

DLS D687 DKC0004416‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D689 DKC0004431‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D690 DKC0004436‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D691 DKC0004463‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D692 DKC0004469‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

Page 26 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 27 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

DLS D693 DKC0004490‐T_translation (uncertified/provided by FTC) n/a n/a Uncertified Translation Tsai Noncompliant with Standing Order; Relevance

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No purpose or sponsor provide

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D698 PX04070 DKC contract with III n/a n/a

security practices

and resources

devoted thereto

Tsai; Hung Relevance

This exhibit should be excluded because it does not have 

tendency to make a fact of consequence to this dispute

more or less probable (F.R.E. 401): Contracts irrelevant t

whether DLS deceived consumers.

DLS D712 SUMMARY_Pink Sheets n/a n/a FRE 1006 Brown FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D713 SUMMARY_DKC Contracts n/a n/a FRE 1006 Tsai FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D714 SUMMARY_D‐Lab n/a n/a FRE 1006 Tsai FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D715 SUMMARY_Onward.III n/a n/a FRE 1006 Tsai FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D716 SUMMARY_Source Code Scans n/a n/a FRE 1006 Tsai FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D717 SUMMARY_Firmware Release Notes n/a n/a FRE 1006 Brown FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D718 SUMMARY_Security Risk Questionnaire n/a n/a Security practices Tsai; Hung FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D719 SUMMARY_Traceability Matrix n/a n/a FRE 1006 Tsai FRE 1006; Foundation.

Improper FRE1006 exhibit; Sponsoring witness cannot

provide foundation for the admissibility of the exhibit. FR

602, 901.

DLS D720 SUMMARY_Vendor PreRelease n/a n/a Showing vendor testing over time Tsai; Hung FRE 1006; Foundation. Improper FRE1006 exhibit; Sponsoring witness cannot provide foundation for the admissibility of the exhibit. FR

602, 901. 

DLS D727 DCS‐2310L purchased 8/16/2018 n/a n/a Physical Exhibit Brown No document provided. No document provided or sufficiently identified. 

DLS D728 Packaging for DCS‐2310L purchased 8/16/2018 n/a n/a Physical Exhibit Brown No document provided. No document provided or sufficiently identified. 

DLS D729 Contents inside packaging containing DCS‐ 2310L purchased 8/16/2018 n/a n/a Physical Exhibit Brown No document provided. No document provided or sufficiently identified. 

DLS D730 Set‐Up GUI for DCS‐2310L purchased 8/16/2018 n/a n/a User Experience Brown TBD FTC needs to review proposed materials. 

DLS D734

D‐Link PowerPoint ‐ SIM (Security Issues

Management) DKC0196811 DKC0196825 Demonstrative Brown; Tsai Hearsay

This exhibit is hearsay not within any exception to the

extent it is offered for the truth of the matter asserted

F.R.E. 801, 802, 803.

DLS D735 D‐Link PowerPoint ‐ Product Security DKC0656086 DKC0655123 Demonstrative Brown; Tsai No document provided; Hearsay. No document provided; This exhibit is hearsay not withi

any exception to the extent it is offered for the truth of the matter asserted. F.R.E. 801, 802, 803. 

DLS D736 D‐Link PowerPoint ‐ D‐Lab DKC1072647 DKC1072678 Demonstrative Brown; Tsai Relevance; Noncompliant with Standing Order.

Exhibit entry does not comply with Court's Standing Orde

for Civil Jury Trial's ¶ 15: No sponsor provided;

Demonstrative not proper exhibit list entries; Not a prop

demonstrative.

FTC PX03169 8/14/2014 8/14/2014 email from Daniel Kelley from William Brown regarding Fwd: Response DLS0038372 DLS0038377 Falsity Brown or By Stipulation Relevance; Probative value outweighed; Best evidence rule FRE 402; FRE 403; FRE 1002

Page 27 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 28 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX03194 3/13/2012 Audit Report of New Report PDF0213 DLS0057818 DLS0057902 Falsity Brown or By Stipulation

Relevance; Probative value

outweighed; Hearsay; DLS

reserves the right to seek

limiting instruction at trial

FRE 402; FRE 403; FRE 801

FTC PX03196 4/13/2015

4/13/2015 email from William Brown to Hans

Liu, Shinglin Chung, Daniel Daniel Hsu, Robert

Lin, Ping Chen, Richard Chen, AJ Wang, Osbert

Ong regarding New D‐Link backdoor

DLS0049144 DLS0049145 Falsity Brown or By Stipulation

Hearsay; DLS reserves the right

to seek limiting instruction at

trial; Contains privileged

material; Discuss at meet &

confer

FRE 801

FTC PX03197 4/13/2015

4/13/2015 email from William Brown to Hans

Liu, Shinglin Chung, Daniel Daniel Hsu, Robert

Lin, Ping Chen, Richard Chen, AJ Wang, Osbert

Ong regarding New D‐Link backdoor

DLS0049154 DLS0049155 Falsity Brown or By Stipulation

Subsequent Remedial

Measures; Hearsay; DLS

reserves the right to seek a

limiting instruction at trial;

Contains privileged material;

Discuss at meet & confer

FRE 407; FRE 801

FTC PX03277 4/18/2013

Email from William Brown to Oscar Navarro,

Chris Wong regarding Regarding Security

Vulnerability reported on DCS‐2102/2121...

DKS00001924 DKS00001933 Falsity Brown or By Stipulation

Relevance. Subsequent

Remedial Measure; DLS

reserves the right to seek a

limiting instruction for the use

of this exhibit at trial

FRE 402; FRE 403; FRE 407

Page 28 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 29 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX03280 4/8/2013

Email from William Brown to Core Security

Technologies Advisories‐team (fm) regarding

Follow‐up Regarding Security Vulnerability

Advisory on D‐Link DCS‐2102/2121

DKS00001894 DKS00001902 Falsity Brown or By Stipulation

Relevance. Hearsay;

Subsequent Remedial

Measure; DLS reserves the

right to seek a limiting

instruction for the use of this

exhibit at trial.

FRE 402; FRE 403; FRE 407; FRE 801; FRE 802

FTC PX03311 4/13/2015

4/13/2015 email from William Brown to Hans

Liu, Shinglin Chung, Daniel Daniel Hsu, Robert

Lin, Ping Chen, Richard Chen, AJ Wang, Osbert

Ong regarding New D‐Link backdoor

DLS0049148 DLS0049149 Falsity Brown or By Stipulation

Privilege; Hearsay; Subsequent

Remedial Measures; DLS

reserves the right to seek

limiting instructions at trial

FRE 502; FRE 801; FRE 407

FTC PX03331 6/30/2014

Security Advisory "DIR‐300 Rev. Bx / DIR‐600

Rev Bx ‐ Multiple Vulnerabilities ‐ Command

Injection, Information Disclosure, Plain‐Text

Password Storage, Unauthorized Password

Change, Local Path

Disclossure, XSS, (FW 2.03/2.14 and older)"

DLS0060253 DLS0060255 Falsity Brown or By Stipulation

Relevance; Subsequent

Remedial Measures; DLS

reserves the right to seek a

limiting instruction for the use

of this exhibit at trial.

FRE 402; FRE 403; FRE 407

Page 29 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 30 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX04133 4/30/2013

4/30/2013 email from Robert Lin to Emil

Tseng regarding Regarding Security

Vulnerabilities on DCS‐2102/2121

DKC0015673 DKC0015676 Falsity Tsai or by Stipulation

Relevance. Hearsay;

Subsequent Remedial

Measures; DLS reserves the

right to seek a limiting

instruction for the use of this

exhibit at trial. Completeness,

Translation; Discuss at Meet &

Confer.

FRE 106; FRE 402; FRE 403; FRE 407; FRE 802

FTC PX05010 4/10/2015 Article from devttys0.com titled Hacking the D‐ Link DIR‐890L n/a n/a Falsity Mark Graff or by Stipulation Foundation, Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 402; FRE 403

FTC PX05011 4/14/2015 Article from devttys0.com titled What the Ridiculous F, D‐Link?! n/a n/a Falsity Mark Graff or by Stipulation Foundation, Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 402; FRE 403

FTC PX05013 8/11/2016 Vulnerability Note VU#332115, D‐Link routers contain buffer overflow vulnerability n/a n/a Falsity Mark Graff or by Stipulation Foundation, Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 402; FRE 403

Page 30 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 31 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX05015 9/18/2015 Article from makeuseof.com titled ""D‐Link Keys Blunder Puts Everyone At Risk" n/a n/a Falsity Mark Graff or by Stipulation Foundation; Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 801; FRE 802; FRE 407

FTC PX05025 2/27/2014

Security Advisory titled "DI‐

524/524UP/604+/604UP/624S, DIR‐100/120,

and TM‐G524G authenticate administrative

access using specific User‐Agent string

resulting in a stack‐overflow vulnerability"

Security Advisories >SAP10001

n/a n/a Falsity Brown or By Stipulation Relevance 

FTC PX05029 2/28/2014

Security Advisory titled "mydlink Lite mobile

application for Android ‐ Mis‐handling user‐

credentials with‐in the local file system"

Security Advisories >SAP10011

n/a n/a Falsity Brown or By Stipulation Relevance FRE 106

FTC PX05032 7/17/2014

Security Advisory titled "DAP‐1320 ‐ Path

Traversal, Cross‐Site Scripting (XSS)

Vulnerabilities" Security Advisories >SAP10024

n/a n/a Falsity Brown or By Stipulation Relevance FRE 106

FTC PX05038 Undated document Article from cvedetails.com on CVE‐2017‐ 14429 n/a n/a Falsity Brown or By Stipulation Foundation, Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 106; FRE 407

FTC PX05042 1/10/2017 Article from exploit‐db.com titled DIR‐615 ‐  Multiple Vulnerabilities n/a n/a Falsity Foundation, Hearsay; DLS reserves the right to seek limiting instruction at trial FRE 801; FRE 802; FRE 407

Page 31 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 32 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX05066 7/15/2016

Tech Alert from dlink.com titled "Regarding

Senr.io Vulnerability Affecting Many D‐Link

Products"

n/a n/a Falsity Brown or By Stipulation

Hearsay; Foundation;

Subsequent Remedial

Measures DLS reserves the

right to seek limiting

instruction at trial

FRE 801; FRE 802; FRE 407

FTC PX05084 4/5/2013

Multiple Vulnerabilities in D‐Link devices ‐ DIR‐

600 / DIR‐300 revB / DIR‐815 / DIR‐645 / DIR‐

412 / DIR‐456 / DIR‐110

n/a n/a Falsity Brown or By Stipulation

Foundation. Hearsay;

Subsequent Remedial

Measures; DLS reserves the

right to seek limiting

instruction at trial

FRE 801; FRE 802; FRE 407; FRE 901

FTC PX05121 10/5/2018 2018.10.05 (D.E. 199‐8) Exhibit 6 n/a n/a Falsity By Stipulation Foundation. Completeness; Discuss at meet and confer FRE 106; FRE 901

FTC PX05122 10/5/2018 2018.10.05 (D.E. 199‐11) Exhibit 9 n/a n/a Falsity By Stipulation Foundation. Completeness; Discuss at meet and confer FRE 106; FRE 901

Page 32 of 34

Case 3:17-cv-00039-JD Document 246-2 Filed 12/20/18 Page 33 of 35
Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX07000 Undated document Senrio D‐Link Vulnerability Details For William Brown and the D‐Link Security Incident Report

Team

n/a n/a Falsity Stephen Ridley

Foundation. Hearsay; DLS

reserves the right to seek

limiting instruction at trial

FRE 901; FRE 801

FTC PX07001 Undated document ISE ‐ RIoT ‐ Raiding Internet of Things Presentation by Jacob Holcomb, ISE Security Analyst n/a n/a Falsity Stephen Bono Foundation. Hearsay; DLS reserves the right to seek limiting instruction at trial. Relevance FRE 901; FRE 801; FRE 402; FRE 403

FTC PX08069 8/7/2016 D‐Link Code review brief report AMIT DWR‐ 925 DKC1828107 DKC1828107 DKC1828107 DKC1828107 Falsity Tsai or by Stipulation Hearsay; DLS reserves the right to make limiting instruction at trial. Relevance FRE 402; FRE 801

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Federal Trade Commission v. D‐Link Systems, Inc., 17‐cv‐00039

Exhibit List 2: Admissibility Disputed

Party DLS Ctrl. No. Exhibit No. Date Description BegBates EndBates Purpose at Trial Sponsoring Witness Opposing Party Objections Opposing Party's Authority 

FTC PX08071 7/19/2017 D‐Link Code review brief report DIR‐878 DKC1828167 DKC1828167 Falsity Tsai or by Stipulation

Hearsay; DLS reserves the right

to make limiting instruction at

trial. Relevance

FRE 402; FRE 403; FRE 801; FRE 802

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