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

Nov 5
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3 Image
Read 9 tweets
Oct 23
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2 Image
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
Read 13 tweets
Oct 9
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1 Image
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2 Image
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3 Image
Read 8 tweets
Oct 7
Ka-Boom. Federal court just issued remedy for Google's app store monopoly (found liable by jury earlier this year). Note: this is on the eve of US DOJ posting its remedy framework for Google's monopolies in Search and Search text ads. And yes, adtech opinion to come... /1 Image
Looks like 3 years (I think Epic asked for 6) on a long list of restricts to attempt to cure Google's monopoly abuse in its app store (Google Play). We'll need to do a full review but this section may be most notable for @DCNorg members. And yes, Google will likely appeal. /2 Image
Here is a link to the Injunction: /3storage.courtlistener.com/recap/gov.usco…
Read 13 tweets
Oct 5
Woah. Lawsuit against Facebook for overpaying $5b+ to FTC and SEC to limit Zuckerberg’s exposure from its cover-up around Cambridge Analytica just took an interesting twist with allegations Sheryl Sandberg was using and purging a separate Gmail account for sensitive matters. /1 Image
This is in a sanctions motion just unsealed against her and another board member (now Biden Chief of Staff). The Delaware lawsuit is brought by pension funds now deposing a number of the board members after a records inspection allowed for a derivative lawsuit. /2 Image
It appears that the evidence of the spoliation comes from emails showing up on the other end of the communications during discovery. This is how Google’s own spoliation issues surfaced (worth noting Facebook’s Sandberg and Schrage both worked at Google so…) /3 Image
Read 9 tweets
Sep 26
Oh come on, Alex Heath. It's one thing to let Facebook CEO Mark Zuckerberg spread misleading history as part of your getting access and an exclusive interview but it's another thing to do it for him. You stated this for him rather than fact-checking on what actually happened? /1 Image
I don't even know what you're talking about here. Google wrote a check for a few million to DOJ to eliminate the claim allowing for a jury. The case wasn't settled, it's literally wrapping up this week. It was Facebook who has paid more than $5B in settlements to the govt. /2 Image
On those $5B+ in settlements, they were due to what you're helping him rewrite history. Literally THIS WEEK, 3 cases moved in DE Chancery, DC Appeals and the freaking US Supreme Court. Facebook WROTE THIS to SCOTUS who granted cert in 9th circuit case day after Nov elections. /3 Image
Read 8 tweets

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