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Boom. Aug 3rd, we quietly filed in Phoenix courts to have docs unsealed in State of Arizona vs. Google. Our argument was public interest, Google had undermined consumer trust and transparency helps other proceedings.
Our friends at News Media Alliance co-signed with @DCNorg. /1
We knew the Judge had accepted our filing into the record but the great news is that the complaint has been refiled with significant redactions removed. More on this in a minute but here are the docs. Press will find unsealed sections interesting. /2 azag.gov/sites/default/…
If you're not familiar with the case, you likely remember the news that broke it wide open. It was a report from AP on how turning off location history on Android phones didn't actually stop Google from collecting location data. /3 apnews.com/828aefab64d441…
That same month, DCN was also publishing Princeton research as to extent of Google's data collection (digitalcontentnext.org/wp-content/upl…). Our goal was to provide a baseline to public/lawmakers as to breadth of Google's surveillance advertising biz. CNN covered: money.cnn.com/2018/08/21/tec… /4
You'll note in Aug 2018 GDPR had just rolled out and Google had used its dominance to roll industry to protect G's data collection. This was when, if it hadn't until that moment, it became crystal clear privacy policy would intersect with antitrust. reuters.com/article/alphab… /5
Over here in US, CCPA had also just passed in California as the most significant law to date on heels of Facebook / Cambridge Analytica reports. CCPA was headed into a period where G's operatives were expected to aggressively try to amend it after failing to stop it initially. /6
So turning back to the newly unsealed docs, it's neat to see how G reacted to public awareness of its user manipulation for monetization.
"The day the AP story was published, Google turned into crisis mode and held a self-styled 'Oh Shit' meeting in reaction to the story." /7
Like with 48+ other U.S. states participating in antitrust investigations of Google along with the Justice Dept and Congress, it's good to see they are well-read on G's core biz model and why leveraging its various monopolies for user data are key. See @shoshanazuboff book. /8
Many of the unsealed sections of the complaint's allegations point to how Google's privacy settings work in isolation so that Google may ignore them elsewhere. It's ironic as Google famously merged all user data across its services in 2016. This privacy designed for profit. /9
Android plays a key role in Google's ability to control / collect location data. As the dominant mobile OS, how its default settings work determines how much privacy you have as to your 24/7 whereabouts. Unlike Apple, Google's primarily an advertising business so data = $$$. /10
I guess Google would have preferred to keep sealed allegations how it can mine your location history using bluetooth and wifi scans, barometer, gyroscope, magnetometer, accelerometer. This tech has clear value for services we choose to use *if in line with our expectations.* /11
The evidence which the AG collected from discovery and subpoenas seems to contradict the use was in line with expectations. In fact, it appears many of Google's employees were very aware of issues and confused how they work in newly unsealed sections. /12
Lawmakers like @FrankPallone @MarkWarner who were also not convinced by Google's original explanation to AP's report will find this newly unsealed line interesting. "59. Testimony from Google employees and Google’s internal documents confirm the conclusion of the AP story." /13
Read these quotes and let me know if you think Google's own employees understood the difference between WAA (web & app activity) and LH (location history) settings. Considering Google merged data collection in 2016 across its services, it's quite striking. /14
I'm super interested in this period (summer 2016) as it's the period where Google was making significant changes to privacy, merging cookies/IDs, etc likely to keep up with Facebook's deterministic data. @JuliaAngwin reported on it and it's key in antitrust investigations. /15
sounds familiar. when you delete your data, you don't really delete your data. "130. But while users may believe that Google deleted their location data, Google nonetheless retains that data for much longer." /16
another newly unsealed section => "AGO’s pre-suit investigation has been prejudiced by Google’s uncooperative conduct, delay tactics, and general failure to comply with the AGO’s discovery demands." This gives you a peek into what other investigations must deal with... /17
OK, that's a wrap. See what other observations surface. These cases are instructive as Google tries to keep up with Apple's much more pro-privacy moves while at the same time protecting Google's $1T market cap...which depends on surveillance advertising. ht @newsalliance /end
I mentioned on a separate thread but I should note we didn’t expect a response to our unsealing request until October. This means there may be a lot more unsealed.
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