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
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
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
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
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
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
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
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
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
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
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
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
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
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