woah. new on DC docket. looks like the attorney general of DC filed 270 pages late Friday night documenting Facebook's multi-year resistance to discovery in its cover-up of Cambridge Analytica and related platform issues for 3yrs. stay with me until the end. /1
The most sensitive part is Facebook protecting these 4 executives from discovery/depositions. It's claimed to also be reason Zuckerberg was willing to pay $5B to the FTC.
It's an insult to every user a breach this problematic could happen without evidence from these 4 execs. /2
I mean this claim involved one of more infamous political operatives in DC at Facebook involved in a cover-up that protected the use of data in the most controversial election operation in history and allowed senior execs to continue to trade on the stock in the process. /3
for the employees and former employees (which Facebook permitted discovery), we can't see all of the queries that were done but some of the terms are certainly ones that have long been of interest. /4
so DC will play out, Facebook argues nothing new can be discovered from Zuckerberg, Sandberg, Schrage and Kaplan. It's all duplicative information and burdensome. Yes, that's patently absurd. Which brings me to the popcorn... /5
there's always been a parallel (multidistrict) case in N California and now it has worked through same issue. The Special Master assigned to sort out the similar discovery issues determined indeed it's likely Zuckerberg and Sandberg possess relevant and unique information. /6
And the plaintiffs want the communications between Sandberg and Zuckerberg, between the two of them and the board (some already turned over in very active shareholder suits), third parties and others missed. Again, this involves a cover-up. /7
The Court has given them until January 31, 2022. Again, this involves the files of Mark Zuckerberg and Sheryl Sandberg. /8
And they know Sandberg's role. Much is redacted but a reminder she has never answered questions under oath about the scandal as far as we know it. NYT reported the topic was off limits the one time she testified to Congress. She refused summons from international Parliaments. /9
it gets better. After the court ordered the documents search for Zuckerberg and Sandberg, Facebook quickly followed up to seal whatever discovery comes of it but now was just denied by the Court. I doubt it's over but it's a strong signal much should be publicly available. /10
now turning back to the DC case... a number of documents are sealed in the 270pg report just posted but beyond the unredacted discovery terms, we learn of a dispute over "Mr. Zuckerberg's notebooks" (infamous) being subject to discovery as they are in the California case. /11
And we also learn of some of the more recent depositions. Barnes was on the ground in 2016 election. Zuckerberg and Allison Hendrix have been noticed for depositions (key exec in platform data issues and was a point on Cambridge Analytica cover-up from early on). /12
and a reminder, the 270pg report is for more time. FB has been stalling and frustrating courts for nearly 4yrs. That's how they win. And it's patently absurd they get away with it considering there is nothing to give us confidence their largest scandal won't happen again. /13
and I'll add to close, there is a massive shareholder suit regarding same cover-up and almost zero press coverage of any of this because it's (a) complex and (b) Facebook's network convinced influencers Cambridge Analytica was an overhyped story. /eof
Also linking to this thread as it’s relevant to know we literally just learned after three years that Zuckerberg was deposed by the SEC on these matters back in 2019 and there is a sealed deposition transcript.
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.
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…
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
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
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
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
It's time to call it. AI is built on a house of cards of intellectual property violations starting with Facebook which is starting to look a lot like a crime scene as held back discovery documents begin to be compelled and unsealed in court. /1
"what is the probability of getting arrested for using Torrents in the USA?" /2
"Is this LibGen?"
"We suspect some of our competitors are using it" /3
Rare weekend filing in the NdCal lawsuit that now includes allegations and evidence Facebook used torrenting with a massive pirated dataset to train LLaMA and only now is disclosing another 18,000 documents it failed to produce (now after Zuckerberg depo). Watch this space. 1/4
The pirated dataset allegations matter because Facebook would not only be pulling in tens of millions of copyrighted works but also seeding them for others to download. Allegations are this went to the top. 2/4
And here is where Facebook's going to have problems. Plaintiffs are now noting to the Judge - the same one in Facebook's record $700+ million privacy lawsuit - a familiar pattern of discovery abuse, gaslighting and delays. Same thing happened in DC Superior Court, too. 3/4
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