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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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
Ka-Boom. Federal court just issued remedy for Google's app store monopoly (found liable by jury earlier this year). Note: this is on the eve of US DOJ posting its remedy framework for Google's monopolies in Search and Search text ads. And yes, adtech opinion to come... /1
Looks like 3 years (I think Epic asked for 6) on a long list of restricts to attempt to cure Google's monopoly abuse in its app store (Google Play). We'll need to do a full review but this section may be most notable for @DCNorg members. And yes, Google will likely appeal. /2
Woah. Lawsuit against Facebook for overpaying $5b+ to FTC and SEC to limit Zuckerberg’s exposure from its cover-up around Cambridge Analytica just took an interesting twist with allegations Sheryl Sandberg was using and purging a separate Gmail account for sensitive matters. /1
This is in a sanctions motion just unsealed against her and another board member (now Biden Chief of Staff). The Delaware lawsuit is brought by pension funds now deposing a number of the board members after a records inspection allowed for a derivative lawsuit. /2
It appears that the evidence of the spoliation comes from emails showing up on the other end of the communications during discovery. This is how Google’s own spoliation issues surfaced (worth noting Facebook’s Sandberg and Schrage both worked at Google so…) /3
Oh come on, Alex Heath. It's one thing to let Facebook CEO Mark Zuckerberg spread misleading history as part of your getting access and an exclusive interview but it's another thing to do it for him. You stated this for him rather than fact-checking on what actually happened? /1
I don't even know what you're talking about here. Google wrote a check for a few million to DOJ to eliminate the claim allowing for a jury. The case wasn't settled, it's literally wrapping up this week. It was Facebook who has paid more than $5B in settlements to the govt. /2
On those $5B+ in settlements, they were due to what you're helping him rewrite history. Literally THIS WEEK, 3 cases moved in DE Chancery, DC Appeals and the freaking US Supreme Court. Facebook WROTE THIS to SCOTUS who granted cert in 9th circuit case day after Nov elections. /3