!!! 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
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