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
wow. NdCal just denied Facebook's attempt to dismiss securities suit for Cambridge Analytica cover-up. Court says plaintiffs credibly alleged Zuckerberg and Sandberg knew it "possessed over 40mil user profiles" way earlier. 4th amended complaint added/redacted cited evidence. /1
Count I, II and III now proceed, all alleged (civil) violations of 1934 SEC Act including over $5B in stock sales by Zuckerberg. This is the case Facebook already took up to SCOTUS to be denied cert. In DE, they settled similar case as director Andreessen was set to testify. /2
In this case, the executive defendants are Zuckerberg, Sandberg and CFO Wehner. What is interesting is it's added new evidence squeezed out more recently in courts including Court sanctions against Sandberg for deleting "relevant emails" over a pseudonymous gmail account. /3
Big. A major new law & tech paper takes on the economics of behavioral advertising - the kind that tracks users across multiple businesses and contexts, not just on sites they choose to visit.
It challenges industry’s favorite claim: that tracking is a “win-win” for everyone. /1
Bear with my thread. You may know I've been sharing Google and Meta monopoly abuse concerns for nearly a decade (courts now ruling). That said, I've always said ubiquitous data collection across the web (mostly NOT on the duopoly's own services!) is what fuels their dominance. /2
At the heart of the debate is this Figure 1 - and two very different ways to frame it.
Framing #1 (the industry narrative): Data aka 'signal' -> Better targeting -> More relevant ads -> More revenue -> Free content -> Everyone wins!
Simple. Elegant. But entirely misleading. /3
The 8hr video of Jack Smith’s testimony was released by Congress on New Years’ Eve in between Epstein and Venezuela. It’s an extraordinary display of Smith’s integrity and attention to justice and fairness on 1/6. Allison Gill deserves praise for curating the key clips. 1/4
Smith clearly represents all who worked towards justice and public interest, expressing his confidence and rationale he had the evidence to prove Jan 6th case to a jury. He also shows his gratitude to those retaliated against - in just doing their jobs. This stood out to me. 2/4
I must say I’m impressed by Covington & Burling law firm who has stood strong during this retaliation. This is just 1/6 - they’ve worked with Smith to be cautious to not discuss any confidential details in his classified docs report still sealed by Judge Cannon. (1.3x to fit) 3/4
So many mind blowing sentences in this just incredible Wall Street Journal report. Starting here, “Witkoff, who hasn’t traveled to Ukraine this year, is set to visit Russia for the sixth time next week and will again meet Putin. He insisted he isn’t playing favorites.” /1
“Inside were details of the commercial and
economic plans the Trump administration had been pursuing with Russia, including jointly mining rare earths in the Arctic.” /2
“European official asked Witkoff to start speaking with allies over the secure fixed line Europe's heads of state use to conduct sensitive
diplomatic conversations. Witkoff demurred, as he traveled too much to use the cumbersome system.” /3
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1
Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2
Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3