!!! As I mentioned last week, ND Cal court ordered unsealing of motion to compel Sheryl Sandberg and Mark Zuckerberg for discovery in their cover-up of Cambridge Analytica which broke wide open March 2018. Yellow was just unsealed - compare to Zuckerberg's testimony to @AOC. /1
This matters as it's long been expected much of Zuckerberg's messages on the matter happened directly with Sandberg or offline. It's an entirely rational practice to keep the CEO off the messy emails. Hence the need for discovery and depositions of Zuckerberg and Sandberg. /2
Meanwhile, Facebook:
- paid $5B to FTC to avoid depositions of leadership;
- negotiated questions off-limits the one time Sandberg testified;
- denied and deflected Parliaments attempts to get answers;
- so far, has avoided discovery and depositions of leadership by AG of DC. /3
Speaking of Sandberg, there is one bit that was unsealed next to a number of redactions left in place. The filing indicates that her files demonstrate that Cambridge Analytica was "merely the tip of the iceberg" which has always been the point of the case and cover-up. /4
This section was left sealed as Facebook claimed it was "confidential communication with consultants." Must be nice having that sort of latitude to avoid embarrassment who helped you with your cover-up. /5
More here in yellow, this just further confirms Sheryl Sandberg's role and importance of these lawsuits continuing to proceed forward in depositions and discovery. A reminder we also just learned there is a sealed transcript of a deposition of Mark Zuckerberg by the SEC. /6
If you want to review the full thread on the cover-up, I put it together last March as a reference to the inconsistencies and deflections in what should have been simple questions and answers at a time when Facebook promised it would come clean. /7
There were three other motions unsealed in the process (and a number of items left redacted per a last minute request by Facebook). This includes a motion regarding Facebook's APIs, their "business partners" and a still delayed look at their promised audit post-Cambridge. /8
There are a few companies left redacted. You can kind of figure out why later on in this breakdown. It looks like the car companies remain sealed as Facebook argued it could hurt their business relationships if the public knew they had much of our data. /10
Side note, there are a bunch of sentences unsealed that just confirm the obvious that Facebook has/had data partners and they're called "data brokers" and allegedly they both sent and received data from Facebook which is embarrassing for them as they don't "sell" your data. /11
Any engineer or business exec in the data or cloud industry would probably find the unsealed motion regarding APIs to be interesting. It includes some costs, massive data sizes, times, tables to restore from cold to warm, et al. And random things like this in yellow. Yikes. /12
Circling back to this first tweet. The answer to the email could have been: Mark, they laundered tens of millions of our records and used it to help elect Donald Trump including to microtarget suppression ads in key districts and we helped them do it. /13
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
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
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
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
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
News cycles. News cycles. What I called the "mother of all lawsuits" for Facebook in 2021 goes to trial TOMORROW. Zuckerberg, Marc Andreessen, Sheryl Sandberg, Peter Thiel, other board members expected to testify live as to who knew what and when in its largest scandal ever. /1
Meanwhile, Zuckerberg and Facebook comms have successfully flooded the zone with AI-hype and exclusive CEO interviews mostly distracting the press away from a trial on how they leveraged, and allegedly abused, personal data to drive a decade of massive growth in mobile share. /2
The case involves allegations the board broke its loyalty to company (and Zuckerberg insider traded on stock) after Facebook had been long violating its FTC consent decree and other privacy laws - all covered up by nearly $8 billion in settlements ($5B alone with the FTC). /3
Woah. Exhibit list just posted for Facebook trial in DE starting in a few weeks. We finally have confirmation Sheryl Sandberg was deposed by the SEC - one week prior to Zuckerberg which also kept secret until a lawsuit unsealed it. Sandberg was also sanctioned in this case. /1
This matters as it gets at Who Knew What When at FB ahead of the world finding out its platform was leaking personal data for years. Zuckerberg was dodgy at best under oath to Congress, FB responses to Parliaments focused on 2018 news. But exhibits include Jan 2017 MZ emails. /2
The DE lawsuit claims Facebook's $5 billion record settlement was inflated in order to protect its CEO, Zuckerberg, and also includes (civil) insider trading claims. Zuckerberg was ordered to sit for multiple day depo this year, will have to testify live. /3
Scanning front pages across America this morning. Still today, the local A1 best captures the biggest story of the day. The majors from NY to LA to Detroit to even Arkansas. /1
From Washington DC all of the way up to the major newspapers in Alaska… the No Kings protest images are everywhere capturing the moment. /2
All of them capture peaceful protest, democracy in action, and what America is all about at a time when social media algorithms may distort what the day was all about. Illinois to Colorado. /3