Jason Kint Profile picture
Feb 3, 2022 8 tweets 3 min read Read on X
After listening to Facebook’s earnings a second time because a $270B drop in valuation deserves it, a few things stood out to me. First, the CFO, who I’ve been saying for 18 months needs to be clearer about their kneecapping, said the word “headwinds” 25 times so it’s a start. /1
Second, I’m seeing too much focus on flat/drop of Daily Active Users. Yes, that’s new but it’s their loss in ability to microtarget users as they’re opting out of tracking (iOS) plus CA and EU privacy laws are catching up to them that kneecaps their surveillance biz model. /2
Let’s listen in to their earnings a bit here. Here is the CFO during Q&A talking through some of the “headwinds” related to iOS and he also sort of mentions they may not be able to transfer data across the Atlantic any more (Schrems II). /3
This wasn’t just an on the fly answer that sounded bad. Here is how the CFO described the outlook in his prepared remarks upfront related to these same “headwinds.” /4
Then CFO describes “headwinds” in 22q1 as unique because they’re lapping q1 and q2 where they didn’t have the headwinds in place making for a tough comp in the first half of the year. This makes zero sense. Then he throws out an even $10B impact from iOS tracking prevention. /5
Of course an analyst asked how he came up with the $10B number? Zero confidence in answer. Listen, Facebook isn’t reporting its opt-out rate on its most valuable platform (iOS) but it must be 70%+. That’s a massive kneecap on their core surveillance advertising biz model. /6
Sheryl Sandberg comes in to try to clean up describing how they’re going to mitigate the effects of tracking prevention on their core surveillance advertising business model. Listen to this work of art answer. It’s just too much. /7
By the way, I wouldn’t miss that Facebook is also losing “friends” as he stumbles through a wicked and misleading (tracking prevention affects browsers, too) swipe at Google and Apple with an awkward🍎 pun in the middle of it. /8

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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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