Jason Kint Profile picture
Mar 9, 2022 13 tweets 5 min read Read on X
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
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
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
Lawsuit alleges how Facebook announced new entries into each of three categories (Marketplace, Locations, Watch) and used FB's market threat to get more reciprocal data from the three companies. It notes Netflix CEO was also Chair of Governance and Compensation Cmte for FB. /4
In terms of reciprocity, it's long been reported Facebook whitelisted companies after it shut down its APIs based on business needs and data reciprocity but there is a significant amount of new allegations in the lawsuit regarding its Events API and "extended whitelisting." /5
Probably the most troubling of all is the new discovery on Onavo - the VPN software Facebook acquired - claiming "Facebook had built the largest real-time surveillance system in existence" - including allegations they could spy on content of messages and media. More on this... /6
Here is email from a FB executive explaining how sophisticated Onavo was for spying - reminder FTC and state AGs also allege Instagram and WhatsApp acquisitions were accelerated based on this spying. Also, a reminder Apple and Google had to boot FB's Onavo out of app stores. /7
This could be an entire thread: 1) alleges FB fed personal data from Onavo into Hive (its massive data repository now under discovery orders in another lawsuit), 2) Guy Rosen, who sold Onavo to FB, is "head of integrity" for FB. Think about the leadership making this decision. /8
Lastly, includes many unsealed pages on how merging of back-end of FB apps - an obvious attempt to hinder antitrust breakup - was pitched/bought in press using a smokescreen of encryption which should have been unrelated but would move public debate to security vs privacy. /9
Added to the back and unsealed are Sherman Section 1 allegations between Facebook and Netflix, eBay in addition to Google. Note, the allegations of Facebook and Google rigging market are also a significant part of this suit but not new so I'm skipping in this thread. /10
Here is the case. Document 244 which posted overnight is Facebook's motion to keep redacted certain info but includes both the Amended Complaint and a redlined version with again 110+ pages now unsealed. /11
And a reminder, these are plaintiff allegations. Although a lot of the complaint is on-brand and consistent with facts we've learned in other unsealed lawsuits, press reports and includes some apparently new discovery, we'll need to see how this plays out. Thanks. /eof
This is the previous thread on this lawsuit. Again, the most important new allegations would be Facebook striking deals with category leads to back off in markets (eg pro video where it was to invest $1B) in return for increasing barriers to entry on ad targeting and $ from it.

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More from @jason_kint

Sep 24
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
Read 6 tweets
Sep 14
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1 Image
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2 Image
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3 Image
Read 16 tweets
Sep 6
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1 Image
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2 Image
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3 Image
Read 14 tweets
Sep 5
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Read 13 tweets
Jul 17
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3
Read 5 tweets
Jul 15
News cycles. News cycles. What I called the "mother of all lawsuits" for Facebook in 2021 goes to trial TOMORROW. Zuckerberg, Marc Andreessen, Sheryl Sandberg, Peter Thiel, other board members expected to testify live as to who knew what and when in its largest scandal ever. /1 Image
Meanwhile, Zuckerberg and Facebook comms have successfully flooded the zone with AI-hype and exclusive CEO interviews mostly distracting the press away from a trial on how they leveraged, and allegedly abused, personal data to drive a decade of massive growth in mobile share. /2
The case involves allegations the board broke its loyalty to company (and Zuckerberg insider traded on stock) after Facebook had been long violating its FTC consent decree and other privacy laws - all covered up by nearly $8 billion in settlements ($5B alone with the FTC). /3 Image
Read 10 tweets

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