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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

1

UNITED STATES DISTRICT COURT 

 DISTRICT OF OREGON

Dallas Buyers Club, LLC, )

 )

 Plaintiff, )

 )

 v. ) Case No. 3:15-CV-00907-AC

 )

DOE-173.11.1.241, )

 )

 Defendant. )

 DEPOSITION OF JOHN HUSZAR

 Taken in behalf of the Plaintiff 

Portland, Oregon

 February 25, 2016

Reported by Allison Salus, Court Reporter and Notary 

Public

Case 3:15-cv-00907-AC Document 138-1 Filed 02/28/18 Page 1 of 9
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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. Describe your understanding of what TOR is, what 

a TOR node is.

A. It is my understanding that it's a means for 

others which are using the TOR network to connect to the 

internet through a TOR node.

Q. And you have a binder with you today?

A. Yes, I do. 

Q. Could you describe what that binder comprises? 

A. These are most of the documents that relate to 

this complaint. 

Q. As you're answering my questions, you are looking

through the binder. Are you reading from the binder to 

answer my questions? 

A. No. 

Q. Okay. You are welcome to rely on any 

documentation you have to answer my questions. I will 

ask the opportunity to review that documentation though 

if you are going to rely on it to answer my questions.

Do you understand that? 

A. Can you repeat that?

Q. If you review anything so that you can answer my 

question, I'm going to ask to be able to see what you 

are reviewing.

A. Okay. 

Q. So I'm perfectly fine with you having documents 

Case 3:15-cv-00907-AC Document 138-1 Filed 02/28/18 Page 2 of 9
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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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in front of you and having an open binder and reviewing

it, but if you -- 

MR. JUSTUS: Unless -- excuse me. Unless 

the documents include letters or e-mails from me.

MR. CROWELL: Correct.

Q. But if you are going to review anything for the 

purpose of answering a question, I'm going to either ask 

to see the document or have it affirmed that it is a 

privileged document and the basis for that privilege to 

be asserted.

A. Okay. 

Q. Okay. So could you please tell me what you are 

looking at right now or what you were looking at to

answer the question with regard to a TOR server? 

A. I was looking at the most recent declaration 

which was filed with the court. 

Q. Is that a declaration filed by you or somebody 

else?

A. Ben filed it for me with the court. 

Q. So this is one of your declarations related to 

this case? 

A. Yes. 

Q. Okay. 

MR. JUSTUS: Carl, I would just point out 

for the record that that has not been filed, I don't 

Case 3:15-cv-00907-AC Document 138-1 Filed 02/28/18 Page 3 of 9
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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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believe. I think I just transmitted that to you 

pursuant to the exercise here.

MR. CROWELL: Okay. So he is reviewing the 

declaration you prepared for us to prepare for this

deposition?

MR. JUSTUS: What I was referring to was was 

part of the order from the judge. We were to provide a 

written statement prior to this deposition which he

provided in the form of a declaration which I then gave 

to you and you and I talked about it.

Q. Mr. Huszar, you said at one time you ran a TOR 

node through an IP address. When did you stop if you 

stopped?

A. I totally shut it down due to a hardware failure 

a few days ago.

Q. By a few days ago, more than five days? 

A. Approximately five days. 

Q. And prior to five days ago, for how long had you 

run a TOR node through one of your IP addresses? 

A. To the best of my knowledge, approximately 14 -- 

13, 14 months. 

Q. So for all of 2015, you operated a TOR node 

through IP address 173.11.1.241, correct? 

A. I don't know if it was continuous through that 

entire period.

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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. At one point you said that the only thing 

operating through that IP address was the TOR node?

A. Correct. 

Q. Is that a truthful statement? 

A. Yes. Last year, yes. 

Q. So through all of 2015, the only thing operating 

through 173.11.1.241 was TOR traffic is your statement? 

A. There may have been -- 

MR. JUSTUS: Object to form. You can 

answer.

THE WITNESS: Okay. 

A. I used to have a mail server on that IP address

which I moved sometime around the beginning of last year 

to a different IP address. 

Q. Would you have moved it before the end of March 

2015?

A. I don't recall exactly when that transfer move 

occurred.

Q. Other than mail server traffic and TOR node 

traffic, was there any other traffic on IP address 

173.11.1.241 in 2015? 

A. Not to my knowledge. 

Q. Did you ever hook up a personal computer to that 

IP address? 

A. No. 

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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. Was anybody else provided access to use that IP 

address locally through your home? 

A. No. 

Q. And your position that any traffic that was not 

related to the mail server on 173.11.1.241 would have 

been TOR node traffic, correct?

A. Correct. 

Q. Do you ever monitor the TOR node traffic? 

A. No. 

Q. Do you ever track users of the TOR node? 

A. No. 

Q. Do you have any ability to track users of the TOR

node?

A. Not to my knowledge.

Q. Describe the hardware failure that resulted in 

the TOR node being shut down about five days ago.

A. I had TOR running on an older machine and 

sometime around mid December, the hard drive developed a 

fault.

Q. Is that the only computer that was running on 

that IP address? 

A. Yes. 

Q. You said in December, the hard drive developed a 

fault?

A. Correct. 

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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. But you continued to operate the machine until 

recently?

A. It was very sporadic. It was up and down. 

Q. Where is that hard drive now? 

A. It is still located in the machine. 

Q. And where is that machine? 

A. In my home office. 

Q. To your knowledge, have any other computers been 

hooked up to access IP address 173.11.1.241 at any time 

in 2015, other than this one machine that you have just 

described?

A. Well, I mentioned the mail server that was 

operating on that IP address until the early part of 

last year.

Q. So the mail server was on a separate machine? 

A. It was actually on the same physical machine. I 

run what's called virtual machine technology.

Q. So physically only a single machine was hooked up

to access IP address 173.11.1.241 during the 2015 

calendar year, correct? 

A. No. The machine itself was connected to my 

internet connection. That machine ran several virtual 

machines. The only virtual machines that were connected 

to this IP address in the complaint were a mail server 

and the TOR server. 

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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. But there was only one physical machine hooked up

to the IP address, correct? 

A. Yes. 

Q. During the entire 2015 calendar year, only one 

physical machine utilized the IP address at issue in 

this case, correct? 

A. Yes. 

Q. So any access to IP address 173.11.1.241 in the 

2015 calendar year would have been through this one

physical machine, correct? 

A. Yes. 

Q. Please describe that physical machine.

A. It is a computer system mounted in a rack. I'm 

not sure what other information you want to know.

Q. Who manufactured the machine? 

A. The machine itself?

Q. The physical machine, who was the manufacturer? 

A. I built the -- the system.

Q. What operating system did it use? 

A. It runs, what's called, ESXI which facilitates 

virtual machines. 

Q. What type of processor did it use or processors 

did it use? 

A. I don't recall the exact model or details about 

the processor. 

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DUFFEY COURT REPORTING

Corvallis, Oregon 541-760-2900

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Q. Do you know how much ram it had?

A. I think the machine had a gig of ram, if I recall

correctly.

Q. When did you build the machine? 

A. About four years ago, I think, approximately. 

Q. Describe the hard drive space that was utilized 

by the machine.

A. It had two one terabyte hard drives connected to 

what's called a RAID controller.

Q. Running RAID what? 

A. RAID mirror. I don't know which numeric 

designation.

Q. So you had a total of one terabyte storage space 

on this machine mirrored across two drives, correct?

A. Two one terabyte drives mirrored.

Q. But you had a total of one terabyte storage space

that was mirrored across two drives, correct?

A. Correct. 

Q. Describe the hardware failure.

A. The RAID controller developed -- or not 

developed, it reported an error on one of the drives. 

Q. And with the mirror, all data should still be on 

the second drive, correct? 

A. That is the idea, yes. 

Q. To your knowledge, has there been any data loss 

Case 3:15-cv-00907-AC Document 138-1 Filed 02/28/18 Page 9 of 9