Jason Kint Profile picture
Oct 25, 2021 8 tweets 4 min read Read on X
what a week for Facebook, Attorney General Racine's complaint just posted to the docket with Mark Zuckerberg now added as a defendant. This was widely reported last week but interesting to see (and not see). /1
By "not see," I mean there is a ton of redactions specific to Zuckerberg presumably tied to the limited discovery they've been able to do so far. As part of this, DC will increase its press to depose and do discovery on Zuckerberg, something FTC failed to do. /2
It seems something was more recently discovered that increased their interest in going for the king. /3
A reminder on the case, it involves a cover-up that involved misleading the public, the press and political leaders. None of this is in doubt at this point, it's really a matter of being able to complete discovery and get to the courts vs settle which Facebook will aim to do. /4
The core case in the cover-up was the Cambridge Analytica scandal which the AG complaint reminds involved allowing CA to use the Facebook platform to influence and manipulate the 2016 presidential election despite knowing they had improperly purchased Facebook data. /5
And yes, that data was *sold* to Cambridge Analytica. AG describes it accurately in the complaint. I reiterate this as last night @profcarroll was sharing frustration in the press re-writing history by softening from the term "sale" which I entirely agree is a problem. /6
Here is the AG @AGKarlRacine on CNN last week discussing adding Zuckerberg to the lawsuit. /7
That's all on this one. It also relates to the FTC lawsuit and a few complaints filed in Delaware which were able to get hold of communications between the board and Facebook leadership. More down these threads... /8

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More from @jason_kint

Oct 19
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1 Image
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Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2 Image
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Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3 Image
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Read 13 tweets
Sep 24
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
Read 6 tweets
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

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