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.
Woah. Sheryl Sandberg, former COO of Facebook, just sanctioned by Delaware judge for deleting emails ahead of trial this spring. This is the state pension shareholder case alleging the company overpaid the FTC and SEC in $5B+ settlements in order to protect Zuckerberg. /1
Long after the books had been inspected and many lawsuits had played out, it was disclosed last year she had a personal Gmail account under a pseudonym that may have been used for relevant communications. /2
The Judge here calls her a "high sophisticated individual." He probably doesn't know about the 2018 NYT report on how she carved out these issues in her Senate Intel testimony or how their lawyers were sanctioned on related discovery in California. /3
wow. This AI lawsuit against Facebook keeps getting worse as they reluctantly unseal documents on Court orders.
Check out this allegation. Not only two hrs before discovery cut-off but the Friday before we now know Mark Zuckerberg was deposed... /1
Here is the bit from the newly filed and now unsealed third amended complaint. Allegations here Facebook used torrenting to download a pirated dataset to train LLaMA thereby also "seeding" pirated content globally. This is a BFD. /2 storage.courtlistener.com/recap/gov.usco…
In fact, it can be criminal so this count is in the third amended complaint and the state attorney general (hello, @AGRobBonta) should note these allegations here. As it relates to this case, it may also break their privilege claims since it alleged to further a crime. /3
wow. Upon Court order, incriminating exhibits were unsealed at 3:30am in an AI lawsuit against Meta. Once past a 'fake privilege,' it appears Zuckerberg approved the use of a highly controversial, pirated dataset.
Note OpenAI, too? AI companies with no ethics or guardrails. /1
Here they acknowledge risk in media coverage, and massive EU fines, if "we have used a dataset we know to be pirated." So then you ask yourself the question, did they actually know it was pirated and use it? I uploaded docs - . /2 storage.courtlistener.com/recap/gov.usco…
To that question, here is how the internal project manager describes the dataset. Note the line (these are all my yellow highlights), "when sourced from copyrighted materials without the permission of copyright holders." /3
woah. This Friday? Too much moving on court dockets so I will surface for you. This matters, in this mega-Facebook case, as highly respected Chenault was Chairman of Facebook's board during its biggest scandals. WSJ reported he left board after disagreements with Zuckerberg. /1
Here is the report on his departure, it includes reports of disagreements with Peter Thiel, too, over elections policies and "clashes" over moderation policies.
Btw, highly relevant to the last 24hrs of news. /2 wsj.com/articles/chena…
Moving on, Zuckerberg has also been noticed for deposition after "alleged wrongdoing on a truly colossal scale." He was already deposed last month in Hawaii for 7hrs. I would expect SEC closely compares transcripts to their 2019 depo which @zamaan_qureshi managed to unseal. /3
Here is how NYT reported it in the complaint. Google and Facebook suggested it was misrepresented. Their proxies have misled public into thinking it was dismissed from lawsuit despite Google's CEO being deposed about it only months ago. /3 nytimes.com/2021/01/17/tec…
woah. ~300 redacted summary judgment google exhibits posted in TX. I've uploaded all. most eye-popping - we finally get Google-Facebook contract (aka Jedi Blue) alleged as bid rigging (yes, press was misled, it's still part of the claims). /1
If you need a definition for Match Rate, Google and Facebook include it with example of using the "encrypted blob" on mobile, feels very much like a fingerprint y'all. Here is the full contract, don't sleep on section dealing with monopoly enforcement. /2 storage.courtlistener.com/recap/gov.usco…
There are a ton of new exhibits from discovery with similar themes of Google secretly using projects to manipulate its black box auctions. "The first rule of Bernanke is we don't talk about Bernanke." /3