Jason Kint Profile picture
Apr 26, 2021 13 tweets 5 min read Read on X
Facebook employees:

"We have to prepare for the worst here." - VP, ad chief

"I think there is a real chance this is a very bad moment for us" - VP

"how long can we get away with the reach overestimation?"

"This is a lawsuit waiting to happen." /1
These are statements in "Highly Confidential - Attorneys' Eyes Only" evidence unsealed in a Facebook fraud case over weekend. In Feb, FB had framed the complaint to press as "cherry-picked" but we can now see full threads including Facebook COO, CFO, and half-dozen senior VPs. /2
Quick explainer (1 of 3): Measurement issues were an ongoing issue according to COO Sandberg to CFO Wehner. And an analyst had now noted Facebook's projected numbers in its advertising planning tools were even larger than actual people (using the US census). /2
Quick explainer (2 of 3): This was especially problematic in a moment when Facebook was rolling out a new marketing narrative that was "people-based" to get away from questions around fake accounts, fraud, bots and many of the existing concerns when buying from Facebook. /3
Quick explainer (3 of 3): My org, @DCNorg, had filed with court more than a year ago to unseal the evidence. We had prior experience with cover-ups by FB and found it easily in public's interest to see the full context of what were now fraud claims against the market leader. /4
This proved out. For example, exhibit 16 is an entire thread of top Facebook execs preparing for their Q3 2017 earnings call. In it, they discuss not informing their investors on the call, the real impact to market from discrepancies, and how to spin the issues publicly. /5
Facebook likes to claim these issues didn't impact billing of clients as they don't serve ads to these users.
The red box is written by VP ad chief, Carolyn Everson, as she sounds red alarm. ("SUMA" is internal parlance for a single user with multiple accounts).
You be judge. /6
Remarkably, as execs scrambled ahead of earnings, CFO "Dave" meeting had decided they wouldn't include it in their prepared remarks. Their rationale being it was an advertising issue but not a business risk (despite involving the planning tool for 97% of their revenues). /7
Rob Goldman confirms the red alarm here (and throws in a side tidbit about Russia Today).
Again, the alarm is this would have impacted budgets and planning (ergo, everyone else in the market - publishers, advertisers, investors) and the two top ad execs are confirming it. /8
We also see their now-familiar PR strategy of using dominance to coach ad client advocates, propping up small business impact ("cover your melon!"). (note: XFN is their internal team for metrics-related issues - a key group for hacking growth and profits) /9
The key remaining redactions in email threads are addresses (irony considering Facebook's ongoing breach of 500+ million phone numbers and emails but I digress): Sandberg, COO
Everson, VP
Olivan, VP
Rose, VP
Goldman, VP
Fischer, VP
Vora, VP
Wehner, CFO
/10
Here is what is now known as "exhibit 16" (one of 75) if you want to fully review with your own eyes. You can decide if it's cherry-picked or if these are mid-level employees.
Nope, it's another cover-up from putting growth ahead of integrity. /11 …d-40e9-822b-081bc894b6af.filesusr.com/ugd/372b91_40f…
Finally, here is my other thread from last night that took off and has other links as background. I decided to write a new thread hoping it would further clarify a few things. Cheers. /12

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More from @jason_kint

Sep 14
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 Image
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 Image
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 Image
Read 16 tweets
Sep 6
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 Image
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 Image
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 Image
Read 14 tweets
Sep 5
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
Read 13 tweets
Jul 17
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
Read 5 tweets
Jul 15
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 Image
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 Image
Read 10 tweets
Jun 17
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 Image
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 Image
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 Image
Read 20 tweets

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