Jason Kint Profile picture
Mar 17, 2021 33 tweets 16 min read Read on X
3yrs ago today, NYT and Guardian (after threat from Facebook), broke massive scoop that Facebook's personal data had not only been sold to a political operative but FB had covered up what they ultimately labeled a "breach of trust." For 3yrs they've continued to cover it up. /1 ImageImage
Facebook had spent days bracing for the report even deciding to "leak" it out Fri night hours before NYT report by posting they were taking action against the political operative, Cambridge Analytica - several yrs too late.

Why? Because FB's cover-up was about to blow open. /2 Image
I'm going to use this thread to try to capture all of the misleading statements and cover-up efforts by Facebook now that we're three years out, several lawsuits are in deep discovery mode, Facebook antitrust lawsuits are underway and it's a new year so why not? here we go. /3
The political operative, Cambridge Analytica, already had a tattered reputation. Only three weeks earlier, UK Parliamentarians, having flown to DC to hear evidence from tech companies, asked 2 Facebook execs about FB's data being sold to CA and received this false answer. /4
Facebook then went dark - everything was on table: consumer protection laws, FTC consent decree, SEC insider trading, it was a bad as it could get. After 5 days they moved on their strategy: Zuckerberg would do CNN exclusive w/ tech reporter then rush to testify to Congress. /5
He as CEO would hurry to DC, testify to massive flat-footed committees with limited time per member, make Cambridge Analytica and guy named Aleksandr Kogan the fall guys, apologize, turn toward future. He was clear in his scapegoat: Kogan violated FB's terms selling the data. /6
Here is a good example of ⬆️.

"You have told us today — and you've told the world —
that Facebook was deceived by Aleksandr Kogan when he sold user information to Cambridge Analytica, correct?” - @SenBlumenthal

Zuckerberg: "Yes."

/7
Another one. See? Kogan/CA's fault. Not Facebook's.

"That information was then transferred out of our system to servers that this developer, Aleksandr Kogan, had. And then that person chose to then go sell the data to Cambridge Analytica." - Mark Zuckerberg to @SenMikeLee

/8
This framing became important. Evidence would soon show Cambridge Analytica had propped up Kogan's firm (GSR) to act as a "data launderer." In this manner, FB hadn’t directly “sold” data but they knew their data was sold. Leading to a question, why didn't they inform anyone? /9
This also would bring us to the timeline.
When did Facebook first know there was an issue with Cambridge Analytica? After digging around for a year, a Guardian reporter published on 12/11/15 leading to FB's initial cover-up and aggressive effort to kill off further reporting. /10 Image
At Zuckerberg's April 11th, 2018 hearing, the clearest Q&A on when he was first aware of a Cambridge Analytica issue came from US Rep Mike Doyle:

Doyle: "When Guardian made the report [December 11, 2015], was that the first time you had heard about it?"

Zuckerberg: "Yes."

/11
Interestingly, if Zuckerberg was aware, then an insider also made a decision not to inform as @KamalaHarris probed:

Harris: "So there was a decision (in Dec '15) made on that basis not to inform the users. Is that correct?"

Mark Zuckerberg: "That's my understanding. Yes."

/12
Also were questions about Facebook's 2015 actions. Zuckerberg testified to @RepAnnaEshoo they immediately shut down the app:

Eshoo: "In 2015 you learned about it?"
Zuckerberg: "Yes."
Eshoo: "And you spoke to their CEO immediately?"
Zuckerberg: "We shut down the app."
but... /13
Zuckerberg made a correction on the same issue⬆️to the Senate on prior day. He first told @SenFeinstein Cambridge Analytica wasn't on the app in 2015 then he came back later in the hearing to awkwardly say they were and made a mistake by not banning them. /14 Image
Timeline would become a big deal. SEC was investigating. If an insider (eg Zuckerberg, Sandberg, director) had traded on stock over years while the data issues were covered up, it would be hyper-sensitive. Here is a non-answer Facebook provided to Parliament May 14th, 2018. /15 Image
A lawmaker in UK Parliament, @IanCLucas, IMHO had the best handle and had a nose that something was up with the timeline. He grilled Facebook’s CTO on the timeline at a hearing in London in April 2018. Later compared to gambling in Casablanca. /16
Just a month later, Aleksandr Kogan testified to @SenJohnThune under oath he told Facebook about the data operation at a meeting in Sep 2015. "There was no real indication of anything that was worrisome." (more on Kogan's partner in a minute). /17
Here again in Nov 27, 2018 with a dodge by Facebook's UK head of policy. At this point, Parliaments around globe had convened trying to get answers but Zuckerberg and Sandberg refused to testify - even under threat of subpoena. Zuckerberg even threatened the UK govt. /18
The question dodging on timeline would continue until Facebook ultimately settled with FTC and SEC for over $5 billion. A few months later 10/23/19, while Zuckerberg testified to House Financial Services, @AOC took an opportunity to inquire again - apparently surprising him. /19
Evidence continues to surface on timeline. @AGKarlRacine uncovered evidence of internal Facebook emails from Sept 2015. UK Commissioner Denham who led an investigation, famously raiding Cambridge Analytica's offices, said "were aware in 2014 and 2015" on a 11/23/20 podcast. /20
Interestingly, reports also surfaced Kogan had an “equal partner,” Joseph Chancellor, who we would shockingly learn was hired by Facebook Nov 9, 2015 and was still working there as the scandal broke in 2018. Zuckerberg was never asked about him when he testified April 2018. /21 Image
Sheryl Sandberg testified to Congress *once* in Oct 2018. NYT reported she did so on agreement there would be no oral questions on this matter. Interestingly, @SenatorBurr asked in written questions about it and got this non-answer on awareness of Chancellor's hiring. /22 Image
The consistent question to Facebook is how is it possible they could have hired a guy who committed what they called a "fraud" and then kept him employed throughout the cover-up. It made zero sense. Here is @JoStevensLabour, Parliament clearly exasperated. /23
Another area of concern is Facebook testified they demanded and received a certification the data was deleted immediately after Dec 2015 news reports. We would learn Cambridge Analytica sent a modified letter of no legal value in Apr 2017 so this was false to @SenWhitehouse. /24
Zuckerberg also testified they would do an unprecedented audit of all apps with similar access to Cambridge Analytica. Here is video of his stating this to @SenatorTester. /25
When @SenAmyKlobuchar asked similar questions, Zuckerberg again assured the importance of doing the full audit and said they needed to wait until the UK investigation ended as they had ceded to them. /26
Guess what? UK Commissioner Denham here just weeks ago, Feb 17, 2021, once again to dispute what Facebook testified to Congress it would do.

"I can confirm that Facebook have not contacted the ICO since October 2020 in respect of any such audit." /27 Image
A few other items involving Facebook's board. Judge just ordered Facebook to turn over discovery on communications with Facebook's board in a State of RI lawsuit. They're asking why Facebook overpaid FTC by billions in order to protect Zuckerberg/Sandberg from depositions. /28 Image
Curiously, Facebook's board member, Marc Andreessen, and noted trusted confidant of Zuckerberg, had sold nearly all of his Facebook stock (notably, in what was reported to be an automated trade) while the original Cambridge Analytica report was being finalized. /29 Image
Also on the Facebook board, Peter Thiel. Curiously, the original NYT reporting had mentioned Thiel's company, Palantir, later reported it had an employee who "provided help" to guide Cambridge Analytica how to scrape data. No further information. /30 nytimes.com/2018/03/27/us/…
Senator @SenatorCantwell had asked Zuckerberg about Palantir. She also asked whether Facebook employees were involved with Cambridge Analytica in its work on the Trump campaign. It's nearly impossible to come with a scenario where Zuckerberg's answer wasn't false based. /31
Here is the moment @SenatorCantwell asked Zuckerberg about Palantir. I noted then, it’s still the most bizarre body language by Zuckerberg during hearings. Only other time I saw it was 18 months later when @AOC also asked about timeline and discussions with Peter Thiel. /32
Here is the video to the correction below as it’s also helpful to see the visual. I believe it was the only real-time correction and Joel Kaplan appeared surprised by it which I found curious at the time. /33

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More from @jason_kint

Sep 14
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1 Image
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2 Image
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3 Image
Read 16 tweets
Sep 6
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1 Image
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2 Image
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3 Image
Read 14 tweets
Sep 5
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Read 13 tweets
Jul 17
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3
Read 5 tweets
Jul 15
News cycles. News cycles. What I called the "mother of all lawsuits" for Facebook in 2021 goes to trial TOMORROW. Zuckerberg, Marc Andreessen, Sheryl Sandberg, Peter Thiel, other board members expected to testify live as to who knew what and when in its largest scandal ever. /1 Image
Meanwhile, Zuckerberg and Facebook comms have successfully flooded the zone with AI-hype and exclusive CEO interviews mostly distracting the press away from a trial on how they leveraged, and allegedly abused, personal data to drive a decade of massive growth in mobile share. /2
The case involves allegations the board broke its loyalty to company (and Zuckerberg insider traded on stock) after Facebook had been long violating its FTC consent decree and other privacy laws - all covered up by nearly $8 billion in settlements ($5B alone with the FTC). /3 Image
Read 10 tweets
Jun 17
Woah. Exhibit list just posted for Facebook trial in DE starting in a few weeks. We finally have confirmation Sheryl Sandberg was deposed by the SEC - one week prior to Zuckerberg which also kept secret until a lawsuit unsealed it. Sandberg was also sanctioned in this case. /1 Image
This matters as it gets at Who Knew What When at FB ahead of the world finding out its platform was leaking personal data for years. Zuckerberg was dodgy at best under oath to Congress, FB responses to Parliaments focused on 2018 news. But exhibits include Jan 2017 MZ emails. /2 Image
The DE lawsuit claims Facebook's $5 billion record settlement was inflated in order to protect its CEO, Zuckerberg, and also includes (civil) insider trading claims. Zuckerberg was ordered to sit for multiple day depo this year, will have to testify live. /3 Image
Read 20 tweets

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