Whoa. this is late-night news deep in a court filing.
Mark Zuckerberg was deposed by the Securities and Exchange Commission on Feb 19, 2019. Facebook’s opposition to DC adding Zuckerberg in its lawsuit for the Cambridge Analytica cover-up just posted - and it’s in an exhibit. /1
I had noted in a thread here that something in discovery must have grabbed the DC AG’s interests. Reminder, the SEC and FTC settled a few months after this deposition for over $5.1B and that’s now subject to massive shareholder lawsuits. /2
I’ll drop in one other thread here as it’s late and I can pick this up tomorrow. ICYMI, my core concerns have long been when and what did Mark Zuckerberg (and Sheryl Sandberg) know in what was a never-understood gaslight of a major cover-up impacting users and shareholders. /3
Oh, for the curious. This was Facebook’s opposition tonight. It mostly depends on listing a bunch of evidence which Facebook relentlessly fought turning over and then now attempts to argue DC could have added Zuckerberg a long time ago and missed its opportunity. 🤦🏻♂️ /4
Reminder, Zuckerberg’s written answers to Financial Services Committee (which has SEC oversight) regarding some of these same questions were never posted into the public record. I was told an ongoing matter could cause that to happen but never got a clear answer so 🤷🏻♂️. /5
One last post for overnight sleuths. Here is the docket number and order for these two filings (11/24 but posted tonight). DC AG owes reply on Dec 17th so we should learn more then. For trivia buffs, Facebook’s lead attorney here was a 2017 Trump-nominated US attorney (MD) . /6
OK, a few more comments on this Facebook filing last night. FB attempts to argue none of the info is new and adding MZ is expansion of scope after 3yrs. This appears to include the transcript of his SEC deposition which is almost certainly new and not in the public domain. /7
having followed every detail of this case and attended hearings with no press in room, FB has fought tooth and nail vs discovery/depositions including top four (Sandberg, Schrage, Zuckerberg, Kaplan). It's very misleading for FB to argue Court denied this. See ruling. /8
FB has also been fighting discovery on Growth & Monetization team, too. If one let this case resolve without discovery/depositions of Kaplan, Schrage, Sandberg, Zuckerberg and Alex Schultz and team, they would be entirely negligent in protecting the public and going forward. /9
Having cross-referenced docs listed in Facebook's exhibit (note: FB has to date absurdly refused to submit privilege log until after discovery is closed), it looks like a # of them are from six4three's leaked docs. Including the infamous Sam Lessin and MZ strategy exchange. /10
This entire Washington Post report today is a must-read and once again deeply disturbing receipts on Facebook’s willingness to allow toxic sludge in order to maintain global scalability. It sure seems like they lied during the most significant external audit in their history. /1
Facebook even went to white people in the heart of deeply conservative America in order to establish content was objectionable. But even that apparently wasn’t enough to get Bickert+Kaplan to support that hate speech against the most vulnerable groups needed to be prioritized. /2
The “worst of the worst” may better describe the governance, executive leadership and policy team that protects Facebook’s toxic and harmful business model putting profits over democracy and civil societies. Andy Stone once again features in this report protecting Kaplan. /3
This nuance is super important. Nearly $300B of advertising is funding the duopoly and they’re funding toxic sludge, “The tech giants are paying millions of dollars to the operators of clickbait pages, bankrolling the deterioration of information ecosystems around the world.” /1
This entire report is incredibly. By the way, this stat. And it should almost never happen. Without Facebook, the toxic sludge would only be seen by those explicitly choosing to go find it. This is nearly all Facebook’s doing using microtargeting, velocity and reach vehicles. /2
How many years have we been putting up with this? … Facebook PR protecting their profits over democracy and civil society by denying, delaying, deflecting. Wait for next tweet. /3
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
Aah, Stanford researcher with a timely prompt. I'm going to have to do this, aren't I? The only right answer here is that we don't know. the entire case was a gigantic cover-up. There are very active lawsuits from major pension funds and powerful AGs to get answers. /1
Yes, many will reply to her that their methodology and targeting was "snake oil" but that’s still very much debated on use and impact but it's also irrelevant to the real issues at hand. /2
We do know... Cambridge Analytica contracted with a purpose-built intermediary that laundered and sold Facebook data to them. We also know the intermediary's CEO testified under oath he told facebook what he was doing in Sep '15, months prior to the first Dec '15 press report. /3
Aah, Google->Stanford academic. I'm going to have to do this, aren't I? The only right answer here is that we don't know. The entire case was a gigantic cover-up, dust hasn't settled. There are VERY ACTIVE lawsuits from major pension funds and powerful AGs to get answers. /1
Yes, many will reply to her with FB's PR spin that their methodology and targeting was "snake oil" but that’s still very much debated/confused on the actual data use and relative goals and impact but it's also irrelevant to the real issues at hand. Here is what we DO know. /2
We do know... Cambridge Analytica contracted with a purpose-built intermediary that laundered and sold Facebook data to them. We also know the intermediary's CEO testified under oath he told facebook what he was doing in Sep '15, months prior to the first Dec '15 press report. /3