Jason Kint Profile picture
Jan 14, 2022 15 tweets 6 min read Read on X
Sheryl Sandberg, Facebook's COO, has never had to testify under oath about a major scandal but has 4 career-defining, very damaging matters hitting concurrently. *Allegations* involve #1 collusion (with Google), #2 insurrection, #3 cover-up of breach, #4 fraud. Here we go...
/1
#1 State AGs amended complaint vs Google was ordered filed mostly unsealed by tomorrow. And SDNY Court ruled last month two senior Facebook names involved in a market rigging allegation, a section one Sherman Act violation, can't be redacted. Sandberg is expected to be one. /2
#2 Facebook received subpoena today from Jan 6th Select Committee as it reportedly has avoided turning over requested info. Facebook also showed up as a tool in today's indictments of alleged seditious conspiracy. Sandberg previously minimized its role. /3
#3 a big, under-reported one. Cambridge Analytica cover-up appears to be unraveling. DC Superior Court ordered her boss's deposition and N District of Cal Court is winning key discovery around matter - all earlier this week with their top Gibson Dunn attorneys losing motions. /4
Digging in here a bit more. Discovery of Sandberg's documents according to the plaintiffs "will shed considerable additional light on the scandal." And we learned in documents being unsealed a bit more why they may. /5
If you recall when scandal broke, Facebook went dark for 5 days (3/16/18-3/21/18). This redaction is communications between Sandberg and cybersecurity firm (aka their auditors / clean-up crew) which apparently happened the same day Sandberg broke her silence (on CNBC). But... /6
Facebook lost motions to seal 2 firms' that worked for them including the one Sheryl was messaging immediately after scandal broke. Court ruled these messages are discoverable as they're not attorney-privileged or work product as FB planned audit regardless of lawsuits. So... /7
We don't what will be in this discovery but it involves a period where Facebook was dark, Sandberg was messaging a clean-up crew, those messages are discoverable and allegations she was "at the forefront of [their response] as she very much led monetization of user data. /8
Speaking of that business model, Facebook also lost a motion fighting discovery of the nearly 150 sources of data they have on each of the plaintiffs. First step is to describe each of these sources at a high-level and how they're used. This must be very uncomfortable for FB. /9
#4 Fraud. Over the holidays, a ton of evidence was unsealed in a N District of Cal case which added fraud allegations (knowledge of inflated potential reach metrics). The evidence is damning considering FB whistleblower also filed SEC complaint related to this matter. /10
If you want to go deeper on any of these, here is a thread on #1. Again, Google-Facebook collusion allegations should have some redactions removed tomorrow sometime on the docket. /11
here is a thread on #3 leading into a bunch of information on the Cambridge Analytica cover-up which is also the subject of massive shareholder suits, too, in Delaware. /12
And a thread on #4 including the documents which were unsealed over the holiday, they're quite something to read through carefully. I wouldn't be surprised if the SEC is digging into this complaint by the whistleblower at this point. /13
by the way, this is the first interview Sandberg did (with @JBoorstin) referenced in tweet 6. On the very same day, she was involved in messages with FB's clean-up firm reportedly booted out of Cambridge Analytica UK offices on March 19th by regulator. /14 cnbc.com/video/2018/03/…
I'll stop there, bracing for my mentions to be full of "lean in" quips... in all seriousness, back to my first tweet, these are significant issues and as far as anyone knows, she has never had to answer on any of them under oath. That's INSANE. /14

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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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