I wish more would say this part out loud:
Member of European Parliament after their successful vote to curb surveillance advertising, “I mean who believes Mark Zuckerberg anyway?” techcrunch.com/2022/01/20/mep…
Lol on surveillance-based advertising… “Google didn't respond to a request for comment. Meta directed inquiries to tech lobbying groups.” abcnews.go.com/International/…
Anyway, several interesting amendments curbing surveillance-based advertising passed Parliament so will now to go trilogue with momentum. And parallel legislation (DMA) has heightened limits on surveillance by the gatekeepers with the market power. Or so it should.
Meanwhile, what @riptari called the adtech industry association, hasn’t learned from its past or EU. Time to evolve and understand consumer expectations, context and curbing market power for data protection matters. And in fact are part of the solution to competition and trust.
[thread incoming] Last week was bad for Facebook - lost motion to dismiss FTC breakup suit; subpoena from 1/6 cmte; ordered deposition of CEO in DC & sensitive discovery in NdCal from cover-up; COO and CEO exposed in Google antitrust suit.
BUT THAT WASN'T IT. Late Fri eve… /1
Court denied another Facebook attempt to dismiss an antitrust lawsuit - this one private and stands out for two reasons: 1) it's on behalf of both advertisers and consumers, 2) it includes both deceptive consumer data practices -and- the market rigging allegations with Google. /2
The case uses a very similar market definition as the FTC lawsuit which also moved forward last week. In this case, the Court was OK with "social media" as a market and "social networking" as a submarket of "social media" where Facebook has a monopoly. Thank you Sheryl. /3
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
Voila. Court order just posted requiring CEO Zuckerberg to FINALLY be deposed (Facebook paid $5B to FTC in 2019 to avoid this) along with Allison Hendrix who played point with Cambridge Analytica during the cover-up at issue in this lawsuit. Facebook will still fight this. 1/2
This is a problem for Facebook because there is emerging evidence in a parallel suit in NDCal that signals the timeline and cover-up could get super messy for FB leadership. Their out here is somehow fighting the deposition and shutting down discovery. 2/2
Anyway, DC AG office has been strong in this case, too, and they've begun to connect some key dots as they await decision to amend the complaint to name Mark Zuckerberg on it - again something the company resisted hard with FTC and SEC settlements. 3/2
Snap! FTC amended lawsuit to break up Facebook - green light from the court! Congrats to FTC.
Rather than spend time dunking on FB's friendlies who suggested it had failed, I hope you will ignore their next round of talking points since the last ones were so damn wrong. /1
First, they told you the FTC failed to even define a market - their go-to line. This was entirely false, the court said they had failed to provide metrics to back it up which they added in spades to the amended complaint which had the same core theory as the Court notes. /2
The really really obviously on Facebook's payroll and influence list said things like the FTC had already "approved" the Instagram and WhatsApp deals which were sort of the rookie-league arguments and false. But again, the Judge clarified why those points were irrelevant. /3
This entire Washington Post - ProPublica joint report is superb as it states as clearly as I’ve seen the critical role of Facebook. The same unbridled tech generating $100B/year from advertisers in order to amplify microtargeting also does the same for the Big Lie. /1
I’ve noted recently how Facebook is rotating 2016 Andy Stone clones in their Kaplan/Washington PR department to defend the company from the indefensible. Pusateri is apparently on deck for this one - attempting to reframe the point into something impossible to prove. /2
The statement from Facebook today compared to its attempt to defend Sandberg’s gaslighting in the immediate aftermath is pretty obvious. /3
Attention Verizon Wireless customers: “Custom Experience” is a new setting allowing Verizon to mine your mobile activity to feed its surveillance ads business effectively ripping off publishers, too. Even if you turn off the on-by-default setting they’ll text you again. /1
None of this would be possible under the FCC privacy rules passed in 2016 that were then thrown out in first few months of new administration. Google and adtech also opposed them as they were worried about a “slippery slope” impacting their own surveillance ads businesses. /2
I wrote a number of op-eds about all of this back in 2014-2016. Same issue continues to exist when companies acting as “gatekeepers” leverage their market power to force or trick users into accepting their surveillance advertising business models which most users don’t want. /3