important discovery of how Facebook is a surveillance ad company posing as a consumer product company leveraging monopoly. A few comments I would like to add to this thread which clearly got a lot of eyes because yet - even today - Facebook abuses its rock-bottom expectations. /1
All of this tracking is running into friction. Facebook was forced to reluctantly add a clear history tool (joke), Apple has started blocking it in Safari along w DuckDuckGo, Brave, Firefox in extensions/apps and Apple is about to kneecap Facebook’s app tracking on iOS. 🙏🏽 /2
Facebook likes to pretend that sites intentionally share the data with Facebook. I wrote about this in WSJ in 2014 and it’s a part of the antitrust reports, German Cartel Office case etc. Truth is Facebook misled publishers. I told them this. /3 blogs.wsj.com/cmo/2014/06/20…
We also learned these embedded FB tracking pixels tracking activity are on 8+ million sites thanks to evidence produced in UK Parliamentary hearings. ht @DamianCollins As we’ve studied, users don’t expect this to be happening and mostly don’t know. /4 niemanlab.org/2018/04/jason-…
A stat also commonly not understood is only 2 major tech platforms collect a majority of their data as 3rd parties (activities happening when they’re using other services) - those two companies would be Google and Facebook. They like market to think it’s mostly 1st party data. /5
This is a comical statement by Facebook which again shows the massive gap in expectations between Facebook’s *surveillance by default* and the public - this is why we need strong laws against tracking by gatekeepers like Facebook. Their dominance leads to data abuse. /6
A couple things specific to @zamaan_qureshi’s discovery. He perfectly illustrates the antitrust harm here. Especially for people attempting to engage in their community and education. This again is why @NewYorkStateAG and German Cartel Office cases are so vital to public. /7
And @zamaan_qureshi even discovers something not entirely evident in this anticompetitive behavior and would violate spirit of GDPR if Facebook and 🇮🇪 actually cared. If you don’t want t be tracked then you can’t use Facebook for sign-on either. What a bad actor they are. /8
And @zamaan_qureshi also absolutely nails Facebook’s business and profit model. I’m really heartened to see an entire new generation that has grown up with Facebook recognizing this so clearly. I think users are also starting to connect dots to Instagram and WhatsApp, too. /9
And this final claim by Facebook, I don’t even know what to do with considering their unanswered data breaches that very much collect Likes, tracking of our global activity to real-world harms even political engineering and erosion of democracy. /10
Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1
As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2
Revenue sharing for search default and/or preferential treatment - dead. Google's tens of billions to Apple - dead (last I saw it's about 15% of Apple's profits). Reminder, this all needs to be argued and approved by Court and then will get appealed. Still far off. /3
KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3
This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3
Here is the full report from Bloomberg who consistent with the entire trial showed up every day, did the hard work, and now got the massive scoop ahead of Wed filing. 3/3 bloomberg.com/news/articles/…
throwback time at Supreme Court today. Remember when Facebook looked away while data was harvested and sold to Cambridge Analytica (and other firms) ahead of 2016 election then covered it up? Topic finally hit SCOTUS - 10am (Kavanaugh not recusing would be outrageous). 1/3
basically facebook is trying to argue why it didn't need to disclose the "breach" despite never confirming it (2015-2018 which included elections) ahead of scandal going global in 2018. They've since somewhat successfully rewritten history on what happened thru soft press. 2/3
here is a link to oral arguments (supremecourt.gov/oral_arguments…) and a thread into more info. Justice Kavanaugh is best buds with a Facebook exec who was at center of scandal and cover-up. One hour of arguments (US Solicitor General, too). 3/3 x.com/jason_kint/sta…
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3