woah exhibit 16. more Facebook docs quietly unsealed yesterday - it gets worse. A full, damning senior execs' email thread (CFO, COO) unsealed. Facebook slowed unsealings in this fraud case and spun it as "cherrypicking."
Top marketing exec, Carolyn Everson, weighs in here. /1
exhibit 16 (one of 75 in the case) is an entire thread of senior executives - probably why they classified as "Highly Confidential - Attorneys' Eyes Only". It is most damning IMHO and entirely blows up Facebook's "taken out of context" narrative. /2
We've learned in this case why "SUMA" was such a sensitive topic. I believe it stands for Single User Multiple Accounts. Here is a part of another thread when metrics issue broke and Facebook CFO Wehner flagged with COO Sandberg who says she believes they need to address it. /3
ex16 appears to be exec scramble on eve of prep meeting with Sandberg the week prior to earnings. In the thread, there is also a note why CFO doesn't plan to put it into FB's prepared earnings remarks as it only matters to clients but he doesn't deem it a business risk 👀!!!
/4
"I think there is a real chance this is a very bad moment for us - 'Facebook lies about its user #s to get record profits.'" <- Facebook employee.
You can see (familiar) how they strategize spin 1) captured advertising clients lobbying for them, 2) small business!!! etc etc /5
On a side note regarding spinning, buried in the thread is also how they explored a "symbolic action" when they kicked Russia Today off Facebook's platforms to "absorb at least some of the narrative." Not sure if they did this. /6
If you're wondering why I'm the one sharing this all, we happened to have the tweet sparking this lawsuit several years ago. I hadn't followed it super closely until the fraud complaint was added to it along with seeing other evidence of FB cover-ups. /7
DCN is also party to case as we filed with Judge to have unsealed. You can read our rationale here - if a monopoly gets to grade its own homework then transparency is critical. Facebook's redactions were ridiculous - protecting its vanished trust. /8
Here is a thread from Feb when very first doc was unsealed (the fraud complaint itself). Again FB managed to creatively hold up much of the other docs from being unsealed. They lost, trust and trust wins. 👋🏼
I'll stop there - 75 exhibits in all. Cheers. /9
I should note, yellow highlights are mine. In the first tweet, it's worth noting how even FB top marketing exec, Everson, recognized and focused on how this would have impacted planning, budgets and marketplace. Like with other cover-ups, their decisions harm everyone else. /10
Here are a few other exhibits. Redactions like this are how Facebook attempted to frame evidence as cherry-picked.
"how long can we get away with the reach overestimation?"
"This is a lawsuit waiting to happen." /12
And again, here are the key pages of the email thread in exhibit 16 which was posted here (…d-40e9-822b-081bc894b6af.filesusr.com/ugd/372b91_40f…). My take is: (1) allegations are not all taken out of context and (2) top execs confirmed it impacted ad market and (3) Facebook's CFO is overconfident. /13
Rather than policy execs testifying, it would be much more interesting to hear from the chief growth hackers (Alex worked for Javi). My two cents. Another piece of evidence expresses a SUMA concern in having to lose a "people-based" narrative and shift to "accounts-based." /14
First news report on this I’ve seen. Facebook’s provided quote didn’t change much but is now patently absurd considering exhibit 16 is a full thread with some of the most senior execs in the company. /15 ft.com/content/5b8d1c…
Still digging thru these exhibits. Facebook's VP Rob Goldman, was asked if it would be a good thing if they could significantly reduce their inflated #s and he said, "no." 🤦🏼♂️I don't get it. Maybe it's out of context or maybe it just wouldn't be a good thing **for Facebook.** /16
Excellent. Appreciate Parliament (@stellacreasy) has asked UK Competition authority to look into the ⬆️by Facebook. Even more important to me than the inflated figures is the evidence they once again intentionally covered up risk to investors and market.
Just reading thru Facebook's weekend response to its deceptive reach and fake accounts' lawsuit⬆️. The redactions they try to get away with are insane. Facebook gets to seal their known overlap between Instagram and Facebook accounts??? Relevant to their antitrust cases, too.
when Facebook tries to defend by suggesting potential reach doesn't matter to advertisers, it spend significant efforts explaining why they are incredibly reliant on surveillance. Considering more than half their data collection is at risk with Apple's new privacy defaults, ouch.
deep in Facebook's response it also has ten declarations from advertising clients. Each of them seems to not really care about "fake accounts" and doesn't use Potential Reach either.... but what I find to be most remarkable....
...it's remarkable Facebook has such good friends in these small businesses just sitting around ready to understand a complex lawsuit about Fake Accounts and defend them. Found out about it on a Monday and signed in support by Thursday. For Facebook. Remarkable.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
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