Jason Kint Profile picture
Feb 15 6 tweets 2 min read
A few thoughts on this massive settlement for Facebook allegedly tracking users across the web even after they logged out, yes we flagged these issues in a WSJ op-ed back in 2014 when Facebook did a "bait and switch" to monetize this data after promising publishers otherwise. /1
It's worth noting for those who follow me closely, this isn't even a case I have mentioned recently. I say that to you as an indicator of how many lawsuits and how much Facebook has likely violated consumer expectations, civil society, markets and democracy globally. /2
I think this single line in the summary arguments may end up being most interesting as it moves the line in data abuse by a major platform beyond individual privacy harm to economic harm even if the value of the data isn't transferred but instead copied/replicated. /3
also wouldn't sleep on this, particularly adtech complex: "The Ninth Circuit also ruled that Facebook is not a party to the communications that it allegedly
intercepted within the meaning the Wiretap Act, firmly establishing that such data collection requires actual consent." /4
I'll await deeper press reporting on it but just know it's not even in the Facebook cases I've been tracking in terms of exposure and concerned abuse including the one last week where Facebook and its outside counsel were lined up by Judge for sanctions. This is appetizers. /eof
Ok, Reuters out with solid report. I would flag there is another super active case in same district where Facebook has to provide discovery which should reveal what data it has ingested on users that’s “not accessible or shared” with users or 3rd parties. reuters.com/technology/met…

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More from @jason_kint

Feb 17
“Throwback Thursday” (whatever happened to that?). Facebook stock crossed key milestone yesterday - dropping below its July 2018 high - #tbt /1 cnbc.com/2018/11/20/fac…
That was FBs 2018 peak after rebounding from Cambridge Analytica. The reason FB recovered was public treated it as a data leak rather than cover-up. @sal19’s report came a week after only time Sheryl Sandberg testified to Congress - no questions were able to be asked about it. /2
Fast forward four years, multiple whistleblowers, significant harms, Apple kneecapping FB’s surveillance. 14yrs of discovery on Sandberg and Zuckerberg’s messages was just ordered by courts, deposition of Zuckerberg and shareholder derivative lawsuits underway, SEC looming. /3
Read 4 tweets
Feb 11
Pretty good report on the earth shaking decision that the IAB’s consent framework and related pop up spam in Europe is illegal. Two unfortunate perspectives included in the piece that i’d like to flag to everyone. /1
This data point is highly misleading and comes from the same group behind the framework at issue. For actual legit quality publishers, these types of ads are very much a minority of the ad revenues albeit they’re a majority of the impressions. That’s part of the problem. /2
This business professor shows up whenever there is a need to lobby the surveillance advertising and adtech lobby pov. I don’t get it. Regardless I would strongly urge no one go to him for legal advice. Strongly. /3
Read 6 tweets
Feb 11
ok, it's started. if you're interested in Facebook accountability, you don't want to miss this. Judge already just told the plaintiffs to "file a motion for sanctions" because "Facebook's discovery conduct has been sanctionable." More coming... /1
holy $%&!, Judge has already said he thinks the partners at Gibson Dunn should also be sanctioned. "The plaintiffs should be rewarded all costs and plaintiffs fees on the discovery issues which Facebook has been stonewalling." /2
(note to press, if you cover Facebook and you're not watching this hearing, I am sorry. I tried to warn you). /3
Read 16 tweets
Feb 7
In the parallel lawsuit vs Facebook due to its Cambridge Analytica cover-up, we just learned more in filings posted today as FB tries to shut down discovery and deposition ordered of Zuckerberg. FB included 4,200+ employees on messages they are claiming are privileged. lol. /1
If you're wondering about the highlighted name, it's the "equal partner" in the company that harvested the millions of records and sold them to Cambridge Analytica who was sketchily hired by Facebook in Nov 2015 as the Guardian reporter was closing in on the scandal. /2
Facebook's "privilege log" of everything they want to withhold from discovery was incredibly vague, generalizes groups and roles and clearly includes a lot of names and companies who according to decisions in other courts aren't privileged. Fairly absurd attempt to bury stuff. /3
Read 10 tweets
Feb 6
Mmmm. Let’s see @RichLightShed, what could have changed??? Could it be… could it be…Facebook lost two motions to dismiss rulings by courts since last earnings…. - the FTC antitrust lawsuit to break it up and a 9th circuit case by Boasberg and Koh respectively?
It seems everything they’re doing and saying right now is to defend the company as walls are closing in on them finally… two other consumer protection rulings friday.
They also filed their response to this one last week which I believe may ultimately be the lawsuit that brings current leadership down and maybe the company…
Read 5 tweets
Feb 6
Friday night court filings add to Facebook's horrible terrible week. Judge stepped in and ran over FB affirming expectations on negligent discovery:
1) production of Zuckerberg's notebooks
2) discovery of Zuckerberg/Sandberg
3) details on FB's secret whitelisting data deals
/1 Image
4) production of 9 plaintiffs' data in Facebook's possession - ALL OF IT (more on this in a second)
5) more depositions
6) production of Facebook's "secret sauce" memo (all revisions)
now some details...
/2 Image
On the plaintiffs' data ordered for discovery, Facebook's legal team has tries to argue they only have to turn over the data which is accessible or shared. Read what the Judge said about this back to Facebook confirming this is Facebook's position. Which leads naturally to... /3 Image
Read 23 tweets

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