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 👀!!!
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"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

Jul 17
more news yesterday in flurry of activity in lawsuit vs Facebook for (over)paying FTC $5B to protect Zuckerberg. Big names involved. Board records inspection shows who's who in 'approval' - everyone now gone except Zuckerberg, Andresseen and Alford. Gets interesting quickly... /1 Image
Yes, Andreessen joined Thiel in politics with full-throated endorsement of Trump with close allies. Alford was CFO of Chan Zuckerberg right before approval. WSJ reported Chenault and Zients (important: now Biden's chief of staff) stepped down over disagreements with Mark Z. /2 Image
So what's happening. Well, first in April 2024 all of these prior and current board members were served in the lawsuit. Again, this is based on a prior records inspection of non-privileged board documents and the Court at that point deciding to allow the case to move forward. /3 Image
Read 11 tweets
Jun 22
Friday night KA-boom. In adtech antitrust lawsuit against Google, court has ordered the state AGs may depose Google co-founder Sergey Brin and CEO Sundar Pichai. Huge. /1 Image
So the two cited reasons Pichai will be deposed (although not all of them) are incredibly sensitive. 1), “Jedi Blue,” the alleged collusion with Facebook that everyone wrongly wrote off back earlier in this lawsuit. Google CEO Pichai met directly with Facebook CEO Zuckerberg. /2 Image
A reminder the Google and Facebook deal (aka the “NBA” or “Jedi Blue”) is also in a private antitrust suit against Facebook. The deal was signed by the lieutenants of the CEOs (Sheryl Sandberg for Facebook). /3 Image
Read 7 tweets
Jun 17
US v Google flooded docket (103 filings!) over weekend as Court said Friday...hey now, let's skip summary judgment, this baby is going to trial. Much is companies trying to keep their secrets sealed but we get a sense for the witnesses. And a small taste of evidence to come. /1 Image
On the companies filing to keep their secrets sealed which they mostly provided under subpoena, it's a mix of adtech, agencies, platforms, you name it. /2 Image
We also learn some glossary items which likely come up:
'RASTA' - Google's tool to evaluate new 'launches' (aka changes) in ad serving system, runs on live traffic
'Ariane' - identifies and summarized launches
'Launch' - creative name (lol), it replaced Ariane in 2020/2021 /3
Read 9 tweets
Jun 10
SCOTUS just posted order list. It granted cert to Facebook on its Cambridge Analytica matter. Only first question but that’s a huge one. Basically should Facebook have disclosed to shareholders what it started to cover up in 2015 rather than presenting risk as hypothetical? /1 Image
Here is the actual first question as written. One immediate item, it’s outrageous if Justice Kavanaugh didn’t/doesn’t recuse seeing his reported best friend, Joel Kaplan, was directly involved in the matter and its cover up. He threw his SCOTUS confirmation party IIRC. /2 Image
Here is a link into background. I strongly urge press not to overlook this or assume you know fact history. Over the years much has played out in coverup and much of the reporting has been bent towards Facebook’s spin. I am more than happy to point you to the court records. /3
Read 10 tweets
Jun 7
“X has lost dozens of major advertisers under Musk’s ownership, with 74 out of the top 100 U.S. advertisers from that month no longer spending on the platform as of May.” 1/4
Smart NBC report focusing on amplification, velocity and reach, “X isn’t living up to its own policies when it allows violent extremists to use the platform’s amplification features.” 2/4
“It’s not clear to what extent people at X were aware that the company was monetizing the extremist hashtags prior to NBC News’ reporting.” 3/4
Read 4 tweets
May 31
Let’s do this. As I’ve said in the past, nothing makes a statement on important news close to the newspaper front page. Across America, almost every editor went with the simple fact, “Guilty.”
Let’s start with the biggest circulation. /1


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I shouldn’t overlook Chicago and Los Angeles, Same. /2
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Now let’s drop down to Florida for maybe obvious reasons to see how they reported it… /3


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Read 23 tweets

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