"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
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
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
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
wow. This AI lawsuit against Facebook keeps getting worse as they reluctantly unseal documents on Court orders.
Check out this allegation. Not only two hrs before discovery cut-off but the Friday before we now know Mark Zuckerberg was deposed... /1
Here is the bit from the newly filed and now unsealed third amended complaint. Allegations here Facebook used torrenting to download a pirated dataset to train LLaMA thereby also "seeding" pirated content globally. This is a BFD. /2 storage.courtlistener.com/recap/gov.usco…
In fact, it can be criminal so this count is in the third amended complaint and the state attorney general (hello, @AGRobBonta) should note these allegations here. As it relates to this case, it may also break their privilege claims since it alleged to further a crime. /3
wow. Upon Court order, incriminating exhibits were unsealed at 3:30am in an AI lawsuit against Meta. Once past a 'fake privilege,' it appears Zuckerberg approved the use of a highly controversial, pirated dataset.
Note OpenAI, too? AI companies with no ethics or guardrails. /1
Here they acknowledge risk in media coverage, and massive EU fines, if "we have used a dataset we know to be pirated." So then you ask yourself the question, did they actually know it was pirated and use it? I uploaded docs - . /2 storage.courtlistener.com/recap/gov.usco…
To that question, here is how the internal project manager describes the dataset. Note the line (these are all my yellow highlights), "when sourced from copyrighted materials without the permission of copyright holders." /3
woah. This Friday? Too much moving on court dockets so I will surface for you. This matters, in this mega-Facebook case, as highly respected Chenault was Chairman of Facebook's board during its biggest scandals. WSJ reported he left board after disagreements with Zuckerberg. /1
Here is the report on his departure, it includes reports of disagreements with Peter Thiel, too, over elections policies and "clashes" over moderation policies.
Btw, highly relevant to the last 24hrs of news. /2 wsj.com/articles/chena…
Moving on, Zuckerberg has also been noticed for deposition after "alleged wrongdoing on a truly colossal scale." He was already deposed last month in Hawaii for 7hrs. I would expect SEC closely compares transcripts to their 2019 depo which @zamaan_qureshi managed to unseal. /3
Here is how NYT reported it in the complaint. Google and Facebook suggested it was misrepresented. Their proxies have misled public into thinking it was dismissed from lawsuit despite Google's CEO being deposed about it only months ago. /3 nytimes.com/2021/01/17/tec…
woah. ~300 redacted summary judgment google exhibits posted in TX. I've uploaded all. most eye-popping - we finally get Google-Facebook contract (aka Jedi Blue) alleged as bid rigging (yes, press was misled, it's still part of the claims). /1
If you need a definition for Match Rate, Google and Facebook include it with example of using the "encrypted blob" on mobile, feels very much like a fingerprint y'all. Here is the full contract, don't sleep on section dealing with monopoly enforcement. /2 storage.courtlistener.com/recap/gov.usco…
There are a ton of new exhibits from discovery with similar themes of Google secretly using projects to manipulate its black box auctions. "The first rule of Bernanke is we don't talk about Bernanke." /3