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.
Scanning front pages across America this morning. Still today, the local A1 best captures the biggest story of the day. The majors from NY to LA to Detroit to even Arkansas. /1
From Washington DC all of the way up to the major newspapers in Alaska… the No Kings protest images are everywhere capturing the moment. /2
All of them capture peaceful protest, democracy in action, and what America is all about at a time when social media algorithms may distort what the day was all about. Illinois to Colorado. /3
Incredible work being done by the press to keep facts building on facts. Grateful. This entire WSJ report overnight starting with this lede on how White House orders sparked LA crackdown is both chilling and informative. /1
This statement. “We came to the United States for protection of what we encountered in Russia. It seems that we are encountering here what we fled.” /2
WSJ separating out cases of targeting groups who have not committed crimes but even noting here incredible resources being used against what appears to be clear, First Amendment protected activity alerted the community. Here is the must-read report. /3 wsj.com/us-news/protes…
Confession. Having watched Scott Pelley's outstanding work over nearly three decades, I almost didn't take the time to watch his W.F. commencement speech thinking the news reports told me enough of the facts. Frankly, that would have been a huge mistake on my part. Huge. 1/5
Disclosure: I'm a 60 Minutes fan. In fact, I read Don Hewitt's "Tell Me a Story" after nearly a decade in sports media and it likely tipped the scale in 2007 when I decided to jump to work at CBS. I find Pelley and team brilliant in telling stories in barely 15 min segments. 2/5
“If liberty means anything at all, it means telling someone something that they don’t want to hear. I fear there may be some people in the audience who don’t want to hear what I have to say today but I appreciate your forbearance in this small act of liberty.” - Scott Pelley 3/5
wow, another order for Mark Zuckerberg to sit for another court deposition. This time in a case involving privacy violations with ingesting web-wide health data. Remember they paid billions in cases to try to avoid this. Data and privacy issues are especially sensitive. /1
Zuckerberg depositions are interesting as they often go on for hours with highly informed attorneys driving for answers. And those answers may be put up against the often questioned veracity of his answers to Congress. Yes, as a CEO, he has testified to Congress A LOT. /2
I think his first real depo was SEC on very sensitive data scandal leading to $5B+ settlements with FTC+SEC. That scandal is still playing out in courts (did he overpay to protect himself?) It took 3yrs to get unsealed after I caught it in a footnote. /3
The Verge comes in with a massive scoop on the backstory reporting it was Musk - and Sacks - behind the scenes trying to blow up IP to train AI on behalf of his allies. This wouldn't be a surprise to anyone. /1
they have reports and details on the carnage and firing of the leadership and on the possible incorrect assumption that the new people in charge were running their playbook. /2
It may be rare that @mrddmia is in agreement with Dems but in the world of accountability for big tech abuse whether over data, monetization, IP, censorship, privacy, you name it, these aren't partisan issues. appreciate the shared voice from advocates all around. /3
omg. I can't believe what I am seeing in the FTC v Meta exhibits that just posted. This is the start of a long Oct 2018 thread where redacted executive tells another c-level executive, Adam Mosseri, "some estimates fake engagement [on Instagram] could be in range of 40%." /1
and Mosseri does nothing to dispute the data point either. he actually agrees they are a threat saying, "they present a bigger thread [sic] to the business than to the user experience." The timing of this remarkable if you know the context of what was going on there. /2
Earlier in that year, Facebook was using same Mosseri to pitch and spin (this entire pitch document is amazing behind the scenes) the infamous Wired cover story, WSJ, CNN press on work to improve meaningful social interactions, and much much more. /3 ftcvmeta.app.box.com/s/b8m39toze8uc…