Jason Kint Profile picture
Dec 24, 2021 17 tweets 7 min read Read on X
facebook's fraud lawsuit for inflating its claimed reach for advertisers just posted 95 files (3,646 pages!) - including a lot of the evidence dcn pushed to unseal. includes internal email threads behind prior claims. looks damning. will link to prior threads in a bit. /1
In the thousands of pages, we learn Publicis in France was especially concerned suggesting clients significantly reduce spend leading to their largest client, P&G, supposedly ceasing all spend. They estimated differences of 40-50% in claimed reach vs census in certain targets. /2
We also see Alex Schultz (now CMO) breaking down the source of inflated reach which follow-up docs show he accurately assessed as mostly due to #2 - lying about age and #3 - fake and duplicate accounts. Both listed as "millions" of the inflation... /3
a reminder, this issue surfaced from a press report, caused a flurry of emails by COO, CFO, CMO, etc (now unsealed) where decision was made not to inform investors. That's why a top Senator wrote letter last week and it's part of a SEC complaint, too. Will link in a minute. /4
Back to the docs, we learned there was special sensitivity around "SUMA" (single user multiple accounts) which Schultz indicates wasn't part of the press cycles and that was considered important. Later internal analysis suggested SUMA was 40% of the inflated #s. /5
We also learn "Ineligible Accounts" was considered a massive contributor to inflated reach. How much is still redacted so we're left with an engineer's note of 15-50%. Reminder, Facebook dismisses all of this as "potential reach" that doesn't matter as they don't bill on it. /6
But on that note, smoking gun, we have an internal document that very clearly states why Facebook's reach estimation matters. Even in the case of direct response advertisers buying on clicks, they say it matters. For brand advertisers, it's arguably the most important metrics. /7
there are hundreds of pages of internal debates by emails and slides and chat threads whether Facebook should stop claiming potential reach of "people" and move back to calling them "accounts" in order to avoid what has been said to be fraud (hence this lawsuit). /8
there is also considerable expert analysis of Facebook's inflated reach. One document is nearly 1,000 pages and this chart caught my attention. I imagine it will catch yours, too. Quarter 18 is when Cambridge Analytica broke wide open and Zuckerberg was first called to DC. /9
As someone who has recently experienced Facebook deceptively working to keep me from deleting my account and instead keeping it "inactive," the numbers of inactives being counted towards an inflated reach number is all sorts of suspect. Here is the table for the data. /10
the expert's 923 pages take a variety of data sources to model facebook's inflated reach by country and demographic building to the larger numbers. it's remarkable the SEC and/or independent auditors don't do this to all their data considering prior incidents with FB. /11
We also see again how Carolyn Everson played role to have a council of advertisers "ready on our behalf' with press. Everson is same super senior executive who recently left after other unsealed emails showed her waving a flag of concern over this issue. /12
on a side note, I would also love to see redactions like this considering Facebook claims it doesn't have underage users on FB and Instagram (because "they're not allowed") when this clearly shows they stick to what the user tells them "for a ton of reason"..ahem, legal. /13
press should dig into these new files - happy to help act as a guide. it's critical facebook have external accountability probing the integrity of its #s. here is a thread of prior information summarizing them. /14
and again, here is a direct link to prior unsealed emails including a senior executive matching point that there is no question inflated reach estimations impacted budgets including for small and medium-sized marketers. /15
Here is @SenWarren's letter to the SEC on this concern from just two weeks ago. I frankly don't why there haven't been hearings launched over it. I've long called for a longitudinal audit of Facebook's user accounts. warren.senate.gov/imo/media/doc/… /16
and here is the complaint to the SEC from Facebook whistleblower (ht @FrancesHaugen). /17 drive.google.com/file/d/1KOytDp…

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More from @jason_kint

Apr 9
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. Image
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…Image
Read 6 tweets
Apr 3
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 Image
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 Image
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 Image
Read 4 tweets
Mar 18
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
Read 10 tweets
Feb 21
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 Image
"what is the probability of getting arrested for using Torrents in the USA?" /2 Image
"Is this LibGen?"
"We suspect some of our competitors are using it" /3 Image
Image
Read 16 tweets
Feb 9
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 Image
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 Image
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 Image
Read 4 tweets
Jan 21
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 Image
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 Image
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 Image
Read 7 tweets

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