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Jason Kint Profile picture
@jason_kint
Sep 28, 2022 • 9 tweets • 4 min read • Read on X
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Just arrived home from Ottawa, 🇨🇦 - super trip. Canada is close to passing bill which will rebalance bargaining power between Google, Facebook and the local news media. As with similar code in Australia, both companies will try near everything to stop it. Here is my testimony: /1
I shared 5 points:
1) will help rebalance bargaining power
2) relies on market rather than govt for terms protecting news independence
3) applies only to situation of significant power imbalance (eg Google, Facebook) /2
4) it’s BS that it will harm the internet or act as a tax on links (more on that shortly)
5) pubs can collectively bargain which is what in Australia allowed small pubs to generate more $ per journalist than larger ones /3
I shouldn’t have been surprised but a witness, a MP and a twitter account simultaneously tried to introduce the idea the law requires payment for links contrary to my opening statement. Thankfully, I was allowed to respond. “Hogwash.” /4
I was also asked the importance of this legislation to stop the “hemorrhaging” of local news media at the hands of the dominant gatekeepers, Google and Facebook, and ensure funding of trusted local journalism for democracy. /5
Reminder, Facebook executed on a highly calculated plan to cause chaos in Australia with considerations for its global policy interests. One of the most unethical plans I've ever seen by major tech company in my 30yrs. Now it's Canada's turn. /6
and my thread from this morning to wrap this in a bow. /7
Adding this to the end as someone was asking about any other reports available on Australia results. /8 jninstitute.org/wp-content/upl…
Suffice it to say, $329 million per year of additional funding to the news, their newsrooms and journalists would be a GAME CHANGER. #C18 ht @DCNorg /9 pressgazette.co.uk/canada-google-…

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More from @jason_kint

Jason Kint Profile picture
Nov 21
Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1 Image
As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2 Image
Image
Revenue sharing for search default and/or preferential treatment - dead. Google's tens of billions to Apple - dead (last I saw it's about 15% of Apple's profits). Reminder, this all needs to be argued and approved by Court and then will get appealed. Still far off. /3 Image
Read 11 tweets
Jason Kint Profile picture
Nov 18
KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3 Image
This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3 Image
Here is the full report from Bloomberg who consistent with the entire trial showed up every day, did the hard work, and now got the massive scoop ahead of Wed filing. 3/3 bloomberg.com/news/articles/…
Read 5 tweets
Jason Kint Profile picture
Nov 6
throwback time at Supreme Court today. Remember when Facebook looked away while data was harvested and sold to Cambridge Analytica (and other firms) ahead of 2016 election then covered it up? Topic finally hit SCOTUS - 10am (Kavanaugh not recusing would be outrageous). 1/3
basically facebook is trying to argue why it didn't need to disclose the "breach" despite never confirming it (2015-2018 which included elections) ahead of scandal going global in 2018. They've since somewhat successfully rewritten history on what happened thru soft press. 2/3
here is a link to oral arguments (supremecourt.gov/oral_arguments…) and a thread into more info. Justice Kavanaugh is best buds with a Facebook exec who was at center of scandal and cover-up. One hour of arguments (US Solicitor General, too). 3/3 x.com/jason_kint/sta…
Read 9 tweets
Jason Kint Profile picture
Nov 5
Just before the clock struck midnight, the Dept of Justice and Google filed their updated Findings of Fact and Conclusions of Law in the adtech antitrust trial ahead of closing arguments (Nov 25th/EDVA). /1
Google clocked in at 787 pages, DOJ at 422. Much more reading but I found the most enjoyable sections to be DOJ's reminders of Google's evidence abuses along with killing the duty to deal arguments Google has been pumping through its tentacles of paid proxies. /2
"Google chose to train its employees about how to abuse the attorney-client privilege and destroy documents." This was a big freaking deal before the trial started, in all of Google's other antitrust trials and it will be here, too. Don't forget it. /3 Image
Read 9 tweets
Jason Kint Profile picture
Oct 23
Google break-up talks. Big hearing tomorrow fighting over discovery. One question unanswered is... YouTube. Where does it sit? Almost no mention in any of the trials (app store, adtech, search) although arguably one of the most significant "fruits" of G's monopoly abuses. /1
I use the word, "fruit," intentionally as case law says one of the four critical objectives in remedies is denying them and it's fairly unequivocal YouTube is YouTube due to the query+click scale of Google's 90%+ market share in search. YouTube is now #2 discovery surface. /2 Image
Why hasn't YouTube come up more? I would argue it clearly wasn't needed to prove the liability in the trials. And Google's legal defenses have focused on trying to muddy the relevant market. Google worked hard but failed to bring in video (think TV, Netflix, TikTok) in market. /3
Read 13 tweets
Jason Kint Profile picture
Oct 9
There it is. Confirmation directly from the Department of Justice that divestiture of Chrome, Android and/or Play are all on the table as remedies to Google's antitrust abuses. US DOJ's remedies framework just posted. Their final proposal is due Nov 20th. /1 Image
It's a fairly broad, ten pages that starts by reiterating the findings of the DC Court and the duty to seek an order not only addressing the existing harms from Google's illegal conduct but - this is critically important - prevent recurrence going forward. /2 Image
here are the listed findings in a tl;dr format. Note the point of illegal conduct for over ten years and the importance of scale and data. /3 Image
Read 8 tweets

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