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

Nov 5
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 Image
Read 9 tweets
Oct 23
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 Image
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
Read 13 tweets
Oct 9
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 Image
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 Image
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 Image
Read 8 tweets
Oct 7
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 Image
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 Image
Here is a link to the Injunction: /3storage.courtlistener.com/recap/gov.usco…
Read 13 tweets
Oct 5
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 Image
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 Image
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 Image
Read 9 tweets
Sep 26
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 Image
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 Image
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 Image
Read 8 tweets

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