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

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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