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Jason Kint Profile picture
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Mar 8 • 6 tweets • 2 min read
Facebook is having a rough 2022 - latest just hit docket - Judge and special master have ordered FB to turn over discovery on its massive audit ("ADI") of its apps for data leaks. 6k+ docs many with FTI Consulting and Stroz Friedberg (firms whose involvement it tried to seal). /1
Both FTI and Stroz are redacted in this filing but came out in press reports, hearings and parallel filings in other lawsuits. Now FB has to turn over all ADI docs unless primary purpose was legal advise (emails only to/fro FB or Gibson Dunn lawyers given this benefit). /2
We know from the parallel DC case Facebook tried to withhold from discovery communications involving over 4,200 employees of Facebook so, like, this could be A LOTTA uncomfortable discovery. /3
Names attempted to shield from discovery who aren't lawyers for Facebook or Gibson Dunn so very well could be in docs include most senior execs, inside/outside consultants, crisis firms, etc. Much of ADI will be turned over b/c FB said they were doing it to protect all of us. /4
Anyway, it's this case. The one with the request for sanctions of Facebook and the partners at its law firm for discovery shenanigans related to the cambridge analytica cover-up. /eof
For those interested in this lawsuit, it’s Northern District of California (case 3:18-md-02843-VC).

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More from @jason_kint

Jason Kint Profile picture
Mar 9
ok, incoming... Updated antitrust complaint vs Facebook just posted including 110 unsealed pages. This is the suit FB failed to dismiss - pinned to its bad data practices. Redlines are new, I'll hit on what I see as the key new allegations and discovery evidence (so far). /1 ImageImage
Most importantly, it adds three massive sections alleging anticompetitive behavior in three business critical categories of data (location, commerce, video) with three respective companies - Foursquare, eBay and Netflix - including conflicts of interests in the deals. /2 Image
it also intros term "Data Targeting Barrier to Entry" as it systematically walks through how critically important surveillance is to Facebook. FB uses the term "signal" - this came up A LOT on last earnings call regarding privacy - leading to its $1/4 trillion drop in value. /3 Image
Read 13 tweets
Jason Kint Profile picture
Mar 8
Google's privacy suit alleging it improperly synced Chrome browsing information with the mothership is getting interesting. Plaintiffs alleged late Friday Google instructed its independent auditor (E&Y) to withhold 6,232 (98%) of responsive discovery docs. /1
This all went down after E&Y had been served a subpoena a few months ago seeking the docs and the court ordered them to comply with it on a number of the requests. /2
Plaintiffs allege they first went to Google to get it resolved but didn't get any sufficient answer in terms of why it was requesting the 6,200+ docs to be withheld. /3
Read 4 tweets
Jason Kint Profile picture
Mar 3
I sense no one is reading this so I choose a screenshot but this is the antithesis of reality. Good competition policy (and enforcement, hello EU) actually supports data protection. The idea improved privacy hurts competition is a disingenuous myth invented by adtech lobby. 1/4
Imagine writing a piece like this with misleading economic forecasting (that the revenue evaporates) while ignoring history that no privacy laws led to a duopoly of two companies capturing nearly all of the growth due to their tracking of users. 2/4
Many of the references are to industry friendly blogs and academic that don’t hold up. Facebook’s decline (more coming) due to kneecapping of its surveillance is leading to welfare reallocation to others with trusted consumer relationships. 3/4
Read 4 tweets
Jason Kint Profile picture
Mar 1
“It just seems like no one learned any lessons from COVID.” - @spanishbrendan businessinsider.com/advertisers-ar…
"Advertising is critical to making quality news and information available to the public. Pulling advertising from timely, serious reporting is short-sighted in every respect." - @NewsCEO @newsalliance businessinsider.com/advertisers-ar…
Pls don’t take a one-size-fits-all approach of blocking keywords in order to avoid ads appearing on low-integrity sites like Sputnik and RT. These choices that treat all sites as interchangeable commodities have broader effects on a free and plural press delivering trusted info.
Read 5 tweets
Jason Kint Profile picture
Feb 25
Incoming. Fun thread. You may remember my live tweeting a Feb 10th hearing where Facebook and its lawyers received arguably its greatest court beatdown ever for discovery on its Cambridge Analytica cover-up. Transcript just posted in parallel DC suit as evidence. It holds up. /1
Recall Facebook's lawyers (Gibson Dunn) were ordered to bring a "decision maker" from Facebook -> Solanki. "I'll chat with you in a minute." Court then invited plaintiffs to file for sanctions of FB and the partners at Gibson Dunn. Read every word (yellow is mine). It's good. /2
First, the Court goes through a couple examples (app developer investigation and turning over plaintiffs' data) that he describes as "egregious." You can read the invitation for sanctions and see if I was exaggerating the beatdown or not. Again, it's a gem - entertaining. /3
Read 10 tweets
Jason Kint Profile picture
Feb 23
Important report that gets at some of the downstream harms from Google’s unique market power, and lack of competition, over adtech and how it impacts design, monetization and discovery. The co-chair of Senate Intel, Mark Warner, is spot on here and his voice is appreciated. /1 Image
This is actually unclear, I’ll find the thread. A top Google executive testified to Sen Feinstein that Google didn’t pull RT but instead their algorithms removed it which I called out at the time as highly questionable testimony (likely G trying to avoid conflict with Russia). /2 Image
Lowcock has been a big supporter of news and advertisers being better supporters of it. 🙏🏽 I disagree here, though. Advertisers absolutely should know where their ads/$ is going. They can’t have 1-1 microtargeting across web and not also carry burden for what they subsidize. /3 Image
Read 7 tweets

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