Jason Kint Profile picture
Apr 25, 2021 21 tweets 10 min read Read on X
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 Image
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 Image
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 Image
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 Image
"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 Image
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 Image
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 ImageImage
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 ImageImageImageImage
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 Image
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 Image
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. Image
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. Image
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.... Image
...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. Image

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More from @jason_kint

Apr 9
As Meta’s Andy Stone works overnight criticizing whistleblower testimony today on their role in China, let’s not forget Meta worked furiously thru billions in settlements to keep sealed it provided data access to 86,961 developers in China unsealed after court sanctions in 2023. Image
That slide is from their own internal audit. The one they promised the public and Congress in testimony then buried it including fighting to keep the forensic clean up artists aka auditors under seal, too, until an attorney said it in open courtroom. storage.courtlistener.com/recap/gov.usco…
Here is Stone’s statement this morning. He has a track record burying for his bosses so just think it’s important context when he tries to brush aside China. Thank you @HawleyMO for accountability here. nbcnews.com/tech/social-me…Image
Read 6 tweets
Apr 3
Pretrial orders starting to give taste as to why WSJ reports Mark Zuckerberg is meeting Pres. Trump desperately trying to settle its FTC lawsuit 11 days from trial. Court just ordered Meta to release all internal discussions of "integrity" issues up until 2020. That's toxic. /1 Image
Also included is evidence as to what appears to be Apple warning Facebook/Meta to address CSAM on WhatsApp chat groups. Remember, advertisers built this company investing hundreds of billions of dollars to support it. /2 Image
On that note, we will also likely see the financials for WhatsApp which was acquired by Facebook for nearly $19B despite almost no revenues. The why this happened will be a key argument in the court room. /3 Image
Read 4 tweets
Mar 18
The American values of IP protection have been a cornerstone in the country’s innovative spirit and competitive edge over foreign adversaries. DCN focused on strong copyright protections in our comments filed for the AI Action Plan. Will share some thoughts here. /1
Weakening copyright protections, whether at home or abroad, threatens US economic growth and the global competitiveness. Importantly, this point is inclusive of content creators across all platforms. The invented "right to learn" by machines is BS spin from OpenAI and Google. /2
Simply put, AI firms must not use copyrighted content without consent or compensation, as this undermines fair competition and creator rights. And they should be required to disclose when they've used it without consent. /3
Read 10 tweets
Feb 21
It's time to call it. AI is built on a house of cards of intellectual property violations starting with Facebook which is starting to look a lot like a crime scene as held back discovery documents begin to be compelled and unsealed in court. /1 Image
"what is the probability of getting arrested for using Torrents in the USA?" /2 Image
"Is this LibGen?"
"We suspect some of our competitors are using it" /3 Image
Image
Read 16 tweets
Feb 9
Rare weekend filing in the NdCal lawsuit that now includes allegations and evidence Facebook used torrenting with a massive pirated dataset to train LLaMA and only now is disclosing another 18,000 documents it failed to produce (now after Zuckerberg depo). Watch this space. 1/4 Image
The pirated dataset allegations matter because Facebook would not only be pulling in tens of millions of copyrighted works but also seeding them for others to download. Allegations are this went to the top. 2/4 Image
And here is where Facebook's going to have problems. Plaintiffs are now noting to the Judge - the same one in Facebook's record $700+ million privacy lawsuit - a familiar pattern of discovery abuse, gaslighting and delays. Same thing happened in DC Superior Court, too. 3/4 Image
Read 4 tweets
Jan 21
Woah. Sheryl Sandberg, former COO of Facebook, just sanctioned by Delaware judge for deleting emails ahead of trial this spring. This is the state pension shareholder case alleging the company overpaid the FTC and SEC in $5B+ settlements in order to protect Zuckerberg. /1 Image
Long after the books had been inspected and many lawsuits had played out, it was disclosed last year she had a personal Gmail account under a pseudonym that may have been used for relevant communications. /2 Image
The Judge here calls her a "high sophisticated individual." He probably doesn't know about the 2018 NYT report on how she carved out these issues in her Senate Intel testimony or how their lawyers were sanctioned on related discovery in California. /3 Image
Read 7 tweets

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