Jason Kint Profile picture
Nov 19, 2021 11 tweets 5 min read Read on X
For those who track monopoly power and privacy rights, incredibly smart hearing this morning in Brussels where they have an opportunity to tame surveillance advertising which will only work if they also constrain “gatekeepers” - also on the eve of legislation in next 60 days. /1
I’m especially energized when I see testimony from people I don’t know who absolutely nail the issues. “The most important thing you can do is strongly limit the data that the dominant players have access to.” Thank you. Nailed it and rationale. /2
Important: adtech lobby (IAB, CCIA, Google, Facebook) have used influence and ad campaigns to create a straw man this is a “ban on targeted ads.” This is entirely false. The concern is tracking - aka surveillance - now also limited by Apple iOS. All four witnesses noted this. /3
amusing side point here is adtech lobby is running ad campaigns suggesting restrictions on surveillance advertising (which again their smokescreen calls “targeted ads”) will be the death of SMEs because contextual ads don’t work - and they’re using contextual ads. Lol. /4
Again, back to market power and why their lobby is pushing so hard to confuse parliament and weaken these once in a generation laws. Dr. Lynskey who was brilliant, explains using UK regulator investigative reports, who the current system benefits hence the relentless lobby. /5
In terms of who else benefits from unbridled surveillance advertising besides Google and Facebook, their trade bodies avoid that research but Dr Acquisti did the only major empirical study and publishers see minimal benefit which she cites here. /6
Dr. Lynskey also points out the misleading straw man that they’re going to take away all targeted ads and how they use deceptive research to create a narrative that ads won’t be relevant any more. It’s really BS by CCIA/Google/Facebook/IAB adtech lobby. /7
All this said, Dr Ryan comes in strong with reality check they must address market power. If you provide for a single consent and a weakly enforced GDPR then the gatekeepers will abuse this. The DMA must silo data as German Cartel Office has ordered Facebook (now in appeal). /8
By the way, ad fraud and toxic sludge are indeed downstream from data and competition policy which is brilliantly noted here. Solve integration of antitrust and privacy and you’ll boost industry integrity and hurt the bad guys currently being funded by advertising. 🤛 /9
Here is a link to the full hearing which I highly recommend. The US, UK, EU and Australia have been learning from each other on these issues. Two steps forward, one step backward, two steps forward… EU has next if they don’t screw it up ;) with ❤️ /eof europarl.europa.eu/news/en/press-…
and here is @johnnyryan's full ten minutes which is well worth watching as he explains how ad auctions and the digital ad marketplace works. It's enlightening for those who aren't fully aware.

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More from @jason_kint

Apr 15
Day 2. A few comments after 2nd day of testimony from Mark Zuckerberg. FTC began with impeachment as Zuckerberg had said yesterday friends & family were only about 25% of Stories shared when instead it appears more in 63-73% range. I would hammer him on these, it's a pattern. /1
Remember, we've learned from MZ's deposition to SEC and many trips to Congress, he may say too much and seems to talk his way through problems. Speaking of... USvGoogle on the weight of contemporaneous statements is already a massive shadow over MZ. /2 Image
I think MZ has a tell. He often says, "Well that is an interesting question" when asked about his prior contemporaneous statements on fairly obvious questions such as "Is it true that Facebook users like less ads in their feeds?" /3
Read 10 tweets
Apr 15
with FTC's opening statement slides (109 of them over 86 minutes IYKYK)) now posting, I want to flag just a few of them worth amplifying. /1 Image
These two statements from Judge Boasberg his denial of Meta's motion to dismiss last November will weigh heavily on Facebook imho. The evidence from both the Instagram deal and WhatsApp deal are damning considering just these two bullets. /2 Image
This slide (and the next one) were interesting in getting internal reflections of Meta/Facebook forcing more ads into the Instagram experience. /3 Image
Read 8 tweets
Apr 14
FTC v Meta Day 1. Opening arguments for FTC laid out its case. As predicted, Meta tried to blow hole into market definition. This actually comes later in trial so not dwelling but will add some context at end. But first witness 1 was CEO Zuckerberg. Dead to rights on conduct. /1
Internal Facebook employee messages (some we've previously seen plus plenty more) make the Instagram deal clearly anticompetitive conduct imho. Exhibits may not post until Wed so my quotes are my best snapshots from messages in exhibits on screens. Relay with care. I tried. /2
Zuckerberg has testified for only 3 hrs of FTC's estimated 7hrs so he's back on stand tomorrow at 9:30am ET (remember, Careless People book said he hates mornings). FTC has been systematically laying out timeline of Facebook shift to mobile and acquisition of Instagram. /3
Read 22 tweets
Apr 9
As Meta’s Andy Stone works overnight criticizing whistleblower testimony today on their role in China, let’s not forget Meta worked furiously thru billions in settlements to keep sealed it provided data access to 86,961 developers in China unsealed after court sanctions in 2023. Image
That slide is from their own internal audit. The one they promised the public and Congress in testimony then buried it including fighting to keep the forensic clean up artists aka auditors under seal, too, until an attorney said it in open courtroom. storage.courtlistener.com/recap/gov.usco…
Here is Stone’s statement this morning. He has a track record burying for his bosses so just think it’s important context when he tries to brush aside China. Thank you @HawleyMO for accountability here. nbcnews.com/tech/social-me…Image
Read 6 tweets
Apr 3
Pretrial orders starting to give taste as to why WSJ reports Mark Zuckerberg is meeting Pres. Trump desperately trying to settle its FTC lawsuit 11 days from trial. Court just ordered Meta to release all internal discussions of "integrity" issues up until 2020. That's toxic. /1 Image
Also included is evidence as to what appears to be Apple warning Facebook/Meta to address CSAM on WhatsApp chat groups. Remember, advertisers built this company investing hundreds of billions of dollars to support it. /2 Image
On that note, we will also likely see the financials for WhatsApp which was acquired by Facebook for nearly $19B despite almost no revenues. The why this happened will be a key argument in the court room. /3 Image
Read 4 tweets
Mar 18
The American values of IP protection have been a cornerstone in the country’s innovative spirit and competitive edge over foreign adversaries. DCN focused on strong copyright protections in our comments filed for the AI Action Plan. Will share some thoughts here. /1
Weakening copyright protections, whether at home or abroad, threatens US economic growth and the global competitiveness. Importantly, this point is inclusive of content creators across all platforms. The invented "right to learn" by machines is BS spin from OpenAI and Google. /2
Simply put, AI firms must not use copyrighted content without consent or compensation, as this undermines fair competition and creator rights. And they should be required to disclose when they've used it without consent. /3
Read 10 tweets

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