This German antitrust hearing appeal tmw frightens Facebook (and Google) as it combines antitrust enforcement with data protection. Canada MP @beynate smartly asked FB about it in 2019. Watch the discomfort. ps @davidcicilline gets it, new FTC nominee @linamkhan gets it, too.
Here is the release from German Federal Cartel Office explaining events up until hearing. bundeskartellamt.de/SharedDocs/Mel…
I picked the wrong month to not know German as this looks to be a fabulous set of resources from a class that has been focused on the Facebook German Cartel Office case.
Thread from the lead tech correspondent for DW.
Finally, considering the core of case is the public is having its privacy rights abuse due to lack of meaningful consent with Facebook’s dominance and data mining across its apps and web, it can’t help FB’s lead regulator is under fire for inaction.
Again, being based here in DC, I’ve long taken interest in the German Facebook case. The 48 US State AGs case vs Facebook has similar claims and with courage would seek similar intervention. It would immediately boost users’ rights, benefit publishers, and increase competition.
simple explanation is Facebook has to “silo” its data collection/linking it currently does across its owned apps, the web, other companies’ apps so they each have to compete on their own merits -and- consumers’ data is narrowly aligned with users’ expectations. It’s happening...
So Germany is leading here but the EU’s draft regs (DMA) for “gatekeepers” is set up to do same thing. FTC/states could intervene and mandate this, too. And antitrust law is recognizing the harm of a reduction in privacy should have consideration similar to a price increase.
Here is how US regulators could mirror the action. @Sally_Hubbard wrote about it in NYT as Facebook rushed to integrate its apps upon losing the German case (many missed this connection, not Sally). nytimes.com/2019/02/05/opi…
German case today is important. It’s where antitrust enforcement needs to go (for Google, too). It’s where gatekeeper laws need to be established. It’s worth noting Apple’s changes to IDFA seek to do something similar in breaking Facebook’s surveillance outside of its owned apps.
Also, for those who say FB’s owned apps already have enormous data, a reminder UK investigation established Facebook (and Google) unlike nearly every user service on the web, collect a majority of their data in a third party context when we’re not intending to interact with them.
ok, court referred Facebook case up to European Court of Justice (their top court). In other words, likely several more years emphasizing again importance of antitrust work by Congress here in US. A lot of carnage from Facebook's abuses in the meantime.
amazing coverage as always by @riptari including nailing this point that a decision here actually approaches "structural separation" to protect users and health of market without actually breaking them up. FTC and US states can take inspiration from this. techcrunch.com/2021/03/24/com…
Wow, talk about arrogance, Facebook is once again placing their company above government(s) by literally claiming to the world that the Federal Cartel Office of Germany has broken the law. reuters.com/article/us-fac…
this⬆️comes at a time of bipartisan efforts (@davidcicilline @RepKenBuck @SenAmyKlobuchar @SenMikeLee), AGs (@NewYorkStateAG @OhioAG), new nominees (eg @linamkhan) who get this intersection of data policy and antitrust at heart of German case. Let's see if Facebook is above them.

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More from @jason_kint

23 Mar
For Thursday’s hearing with Facebook CEO Mark Zuckerberg, Congress is going to need to choose their questions between insurrection, genocide, sex trafficking, prior false testimony, antitrust and privacy abuses.
Do I have this right?
And to be clear, I’m in no way discounting any other issues. I still argue most of these issues are downstream from the intersection of data policy and antitrust. It’s bipartisan, too. Fix that and other issues will improve.
Read 8 tweets
23 Mar
Quite a report out this morning: “Facebook was a significant catalyst in creating the conditions that swept America down the dark path from election to insurrection.” avaazimages.avaaz.org/facebook_elect…
“An additional problem is that Facebook’s AI is not fit for purpose... Facebook’s detection systems need to be made much more sophisticated to prevent misinformation going viral.”
“American voters were pummeled online every step of the 2020 election cycle, with viral false and misleading info about voter fraud and election rigging...Facebook and its algorithm were one of the lead culprits.”
Read 10 tweets
21 Mar
Nice to see this. After having watched a few dozen hearings here, Canada, UK, Ireland even Singapore, I have a few thoughts of course. A lot of really great topics here. /1 justsecurity.org/75439/question…
One ask, we do need to stop repeating the meme of the Hatch question 3yrs ago. All parties globally are much more sophisticated, hearings have been a lot smarter. It plays into their hands to repeat it and reinforces the public belief Facebook and Google are invincible. /2
Again, lots of good questions here. Some are too long for a hearing of this size better for Questions for Record - especially if Congress demands actual answers. Here are some of my favorites. /3
Read 11 tweets
19 Mar
🙋🏾‍♂️, you're paying for demand fulfillment. That's not a long-term strategy with Amazon. It's extinction.
"For every dollar Steelcase spent on Amazon ads during the holiday season, it made $30 in sales, the company says." wsj.com/articles/how-c…
I only take issue w/ this "expert" claim. It fails to recognize Google and Facebook get majority of their data from other parties (when users aren't using their services). There's a reason they've fought privacy standards/laws so hard. Antitrust + privacy is their 3rd rail. 🍿 Image
it's also why they're doing everything they can to try to stop Apple from moving forward with increased tracking prevention. And likely behind the collusion claim in the antitrust suits specific to Apple platform. Absence of privacy (status quo) is bad for "everyone else."
Read 4 tweets
18 Mar
Clubhouse has given Zuckerberg another channel to bypass difficult questions. And talk about what he wants to talk about...
I really don't understand the vitriol over transcribing a Donald Trump or interviewing a Steve Bannon but press and influencers have no second thoughts about showing up to relay Zuckerberg's random thoughts on innovation and the future without being able to grill him on harms....
it just seems like he should have lost any credibility at this point as noted by this gentleman.
Read 5 tweets
17 Mar
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
Read 33 tweets

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