Jason Kint Profile picture
Nov 18, 2021 19 tweets 7 min read Read on X
Looks like the Federal Trade Commission's opposition to Facebook's attempt to dismiss their case to break the company into bits for anticompetitive behavior was just filed. Night reading...
this summary of amended complaint's metrics to establish market power is a reminder how absurdly Facebook's lobby tried to argue FTC hadn't backed up their monopoly claim. Having been around a few digital media businesses for 25+yrs, these are valid metrics to move forward. /2
oh, and there's that not-so-minor point, too. the competition used the same metrics. /3
Yes, Facebook argued Daily Active Users and Monthly Active Users didn't measure intensity and then ignored the 3rd metric (Time Spent) which very much measures intensity because according to FB not 100% of the app usage was personal social networking services. Seriously. /4
those who have been around long enough to know the history of comscore (or the company formerly known as MediaMetrix) may enjoy this point to the courts. Amen. Just give us the data, please. /5
Damnit, Mark. As our autocratic CEO, you can't entirely undermine our attempt to create a legal argument to protect you. /6
Raise your hand if you've been unsatisfied with Facebook and Mark Zuckerberg's products.✋🏽/7
There they go again - facebook employees serving up the evidence to entirely undermine our legal arguments. This is why Google reportedly sent out a list of rules of what not to say in writing. /7
I've yet to find anyone to argue with me that the world, and I mean the entire world, would be different if Facebook and Instagram would have had to actually compete with each other over the last five years. /8
side note, little known but we learned through leak documents that this "enforcer" on the legal side was Monika Bickert - years before she pivoted into being Sheryl and Mark's trusted lieutenant on policing content and defending the company in front of lawmakers and on CNN. /9
I mean it doesn't read well - they weaponized their app platform and access to their data by restricting any other app from competing with them in exchange for access while at the same time not letting any app integrated with a competitive personal social network. /10
Zuckerberg and Sandberg have pulled the football on the industry so many times it isn't funny. The word of the company has zero value - I have too many examples to count. /11
I may know someone who signed a multimillion dollar deal for access to those APIs then was cut off from them going forward. I bet we all do. /12
If I were God for a day, I would just restrict Facebook from collecting any/all data from outside and across each of its respective apps (if they're not split up in this case) as the German Cartel Office has ordered. It's a reasonable remedy for their data abuses. /13
It seems like with the $5 billion pay-off and ***second*** consent decree with the Federal Trade Commission, the regulator may be now taking a hint about the moral bankruptcy of the company. /14
Ha, and there it is. Exactly to my last tweet, the Federal Trade Commission says the quiet part out loud, "no one trust you, Facebook. Your word is 'meaningless.'" /15
And glad FTC made this argument regarding the Chair. Imagine if having an adverse opinion of Facebook Inc actually disqualified people from prosecuting a case against Facebook, there would be no lawyer left standing. /16
Here is a link to my thread on the full amended FTC complaint. My abbreviated analysis of tonight's filing is this case is moving forward regardless of the spin Facebook fed through its lobby and influencer-flex when it was originally filed. /eof
"Meta disagreed."
First news report I've seen is from Reuters.
reuters.com/technology/us-…

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More from @jason_kint

May 28
Confession. Having watched Scott Pelley's outstanding work over nearly three decades, I almost didn't take the time to watch his W.F. commencement speech thinking the news reports told me enough of the facts. Frankly, that would have been a huge mistake on my part. Huge. 1/5
Disclosure: I'm a 60 Minutes fan. In fact, I read Don Hewitt's "Tell Me a Story" after nearly a decade in sports media and it likely tipped the scale in 2007 when I decided to jump to work at CBS. I find Pelley and team brilliant in telling stories in barely 15 min segments. 2/5
“If liberty means anything at all, it means telling someone something that they don’t want to hear. I fear there may be some people in the audience who don’t want to hear what I have to say today but I appreciate your forbearance in this small act of liberty.” - Scott Pelley 3/5
Read 6 tweets
May 16
wow, another order for Mark Zuckerberg to sit for another court deposition. This time in a case involving privacy violations with ingesting web-wide health data. Remember they paid billions in cases to try to avoid this. Data and privacy issues are especially sensitive. /1 Image
Zuckerberg depositions are interesting as they often go on for hours with highly informed attorneys driving for answers. And those answers may be put up against the often questioned veracity of his answers to Congress. Yes, as a CEO, he has testified to Congress A LOT. /2
I think his first real depo was SEC on very sensitive data scandal leading to $5B+ settlements with FTC+SEC. That scandal is still playing out in courts (did he overpay to protect himself?) It took 3yrs to get unsealed after I caught it in a footnote. /3
Read 7 tweets
May 13
The Verge comes in with a massive scoop on the backstory reporting it was Musk - and Sacks - behind the scenes trying to blow up IP to train AI on behalf of his allies. This wouldn't be a surprise to anyone. /1 Image
they have reports and details on the carnage and firing of the leadership and on the possible incorrect assumption that the new people in charge were running their playbook. /2 Image
It may be rare that @mrddmia is in agreement with Dems but in the world of accountability for big tech abuse whether over data, monetization, IP, censorship, privacy, you name it, these aren't partisan issues. appreciate the shared voice from advocates all around. /3 Image
Read 5 tweets
May 13
omg. I can't believe what I am seeing in the FTC v Meta exhibits that just posted. This is the start of a long Oct 2018 thread where redacted executive tells another c-level executive, Adam Mosseri, "some estimates fake engagement [on Instagram] could be in range of 40%." /1 Image
and Mosseri does nothing to dispute the data point either. he actually agrees they are a threat saying, "they present a bigger thread [sic] to the business than to the user experience." The timing of this remarkable if you know the context of what was going on there. /2 Image
Earlier in that year, Facebook was using same Mosseri to pitch and spin (this entire pitch document is amazing behind the scenes) the infamous Wired cover story, WSJ, CNN press on work to improve meaningful social interactions, and much much more. /3 ftcvmeta.app.box.com/s/b8m39toze8uc…
Read 6 tweets
May 6
woah, I've now read Google and DOJ's proposed remedies for Google's 3rd antitrust defeat (adtech). I threaded Friday's hearing but this full doc is nothing short of beautiful. Best stuff may be missed so hear me out. This is a huge deal - 10yrs, "lifeblood of the Internet." /1 Image
A reminder on the four objectives of antitrust remedies. In court on Friday and in Google's proposal, Google just seems to ignore the third and fourth as if they don't matter. That's a major problem for them. Judge Brinkema will be all over it. She gets this case wonderfully. /2 Image
For instance, on Friday she labeled Google's ad demand, AdWords, the "golden goose." Now here is how DOJ describes it: "unique advertising demand." Notably, they don't flag that the demand also connects back to Google's other illegal monopoly loss for "search text ads." /3 Image
Read 13 tweets
May 1
A few more nuggets of delight for you. First, Tim Apple has had his halo bent. He's arguably had the best reputation of the big tech CEOs until today. He ordered the code red. /1 Image
Alex Roman had a super bad day. If anyone directed him on this testimony cited by the Court, heads will roll. either way, Apple Inc also has big problems. /2 Image
Judge YGR did not hold back here. /3 Image
Read 7 tweets

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