And the Senate Commerce "We're not toxic like Facebook" hearing is underway. I'll thread thoughts here but having now read written testimony, Snap uniquely stands out as an "antidote" to the problems being uncovered in Facebook. /1
super interesting data point in Snap's written I don't think I've seen previously...throttling acceleration of velocity+reach for influencers until a human reviews it. "human-reviewed and moderated before it can be viewed by more than 25 people."
Opposite of FB's whitelist. /2
And Sen Blumenthal pops bubble by saying "we're not Facebook" isn't a good bar because that bar is "in the gutter." I do think nuance is important here. Tech and social media aren't de facto bad. There are clear distinctions in Google and Facebook's biz model and market power. /3
To that point, Senator Blackburn focuses on data which is helpful. This is an area where Google and Facebook are unique in that they actually collect/mine most of their data as third parties (aka "surveillance"). TikTok data concerns are different due to Chinese-ownership. /4
Personal comment but Beckerman testifying for TikTok about trust just isn't a good look. He previously played wingman for Facebook's Joel Kaplan with lawmakers in 2018 as Facebook cover-ups unraveled. He also gave Ivanka Trump the Internet Freedom Award so there is that, too. /5
I had to hop on calls so catching up on hearing. Here is entertainment during intermission as I catch up: YouTube's witness today testified last year to Parliament who very much understands, skewered them on issues with its microtargeted amplification. /6
Oh, you want more? See, Parliament very much understood the issues with YouTube's recommendation engine. YouTube made changes shortly before the hearing to lean into "high-quality, authoritative" and "newsworthy" sources. /7
Senator Cruz just absolutely filleted Michael Beckerman and TikTok. There will be bipartisan agreement on this. This was the climax of 7 minutes of @SenTedCruz trying to get a simple answer to whether TikTok user data based on its privacy policy can go back to China affiliate. /8
Uh oh. There are about to be a whole lot of Winnie the Pooh clips on TikTok. /9
Pro tip, if you’re going to testify your company couldn’t find any evidence of a “blackout challenge” and suggest it may be due to inaccurate press reports, @SenBlumenthal has a reputation of late in his staff doing advanced homework. /10
Oomph. I guess lobbying for Google and Facebook was good training for the job at TikTok but wow the live rebuke from a parent is tough. /11
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Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1
As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2
Revenue sharing for search default and/or preferential treatment - dead. Google's tens of billions to Apple - dead (last I saw it's about 15% of Apple's profits). Reminder, this all needs to be argued and approved by Court and then will get appealed. Still far off. /3
KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3
This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3
Here is the full report from Bloomberg who consistent with the entire trial showed up every day, did the hard work, and now got the massive scoop ahead of Wed filing. 3/3 bloomberg.com/news/articles/…
throwback time at Supreme Court today. Remember when Facebook looked away while data was harvested and sold to Cambridge Analytica (and other firms) ahead of 2016 election then covered it up? Topic finally hit SCOTUS - 10am (Kavanaugh not recusing would be outrageous). 1/3
basically facebook is trying to argue why it didn't need to disclose the "breach" despite never confirming it (2015-2018 which included elections) ahead of scandal going global in 2018. They've since somewhat successfully rewritten history on what happened thru soft press. 2/3
here is a link to oral arguments (supremecourt.gov/oral_arguments…) and a thread into more info. Justice Kavanaugh is best buds with a Facebook exec who was at center of scandal and cover-up. One hour of arguments (US Solicitor General, too). 3/3 x.com/jason_kint/sta…
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3