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

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
Jun 17
Woah. Exhibit list just posted for Facebook trial in DE starting in a few weeks. We finally have confirmation Sheryl Sandberg was deposed by the SEC - one week prior to Zuckerberg which also kept secret until a lawsuit unsealed it. Sandberg was also sanctioned in this case. /1 Image
This matters as it gets at Who Knew What When at FB ahead of the world finding out its platform was leaking personal data for years. Zuckerberg was dodgy at best under oath to Congress, FB responses to Parliaments focused on 2018 news. But exhibits include Jan 2017 MZ emails. /2 Image
The DE lawsuit claims Facebook's $5 billion record settlement was inflated in order to protect its CEO, Zuckerberg, and also includes (civil) insider trading claims. Zuckerberg was ordered to sit for multiple day depo this year, will have to testify live. /3 Image
Read 20 tweets
Jun 15
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 Image
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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 Image
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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 Image
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Read 11 tweets
Jun 10
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 Image
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 Image
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…Image
Read 6 tweets
May 28
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
Read 6 tweets

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