Jason Kint Profile picture
Sep 28, 2022 9 tweets 4 min read Read on X
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

May 1
There is a report going around Apple is going to facilitate blocking of ads in Safari - it deserves your attention. Meanwhile, I want to connect dots w/ a number of redactions lifted (yellow) late last night in the post-trial docs of US v Google - closing arguments are tmw. /1 Image
It's critical to understand the importance of Safari to their Google deal under microscope. It's reasonable to say Safari delivers nearly 20% of Apple's Income from Ops almost entirely subsidized by Google. Without Safari, there is no Google deal. /2 Image
As the expert witness in the trial pointed out, there isn't a rational explanation for a 40% revenue share on traffic that Google's proxies argue would happen without Apple. But hey, maybe that cash also pays for special influence into Safari's roadmap, too? /3 Image
Read 5 tweets
Apr 11
!!!!! just unsealed, and higher than prior news reports. /1 Image
we learned last Fall in a different G lawsuit (NdCal) during widely reported testimony the number 36% as the share Google paid Apple to be locked in as default search across Apple's surfaces.
But now this was just unsealed from the two key contracts (here is 2014 which even then was 37.5%) /2Image
Here are the various Google and Apple contracts where those screen caps originate. /3 storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Mar 26
Whoa. Facebook had a secret "Project Ghostbusters" (get it?) which allegedly was to decrypt "man-in-the-middle" style Snapchat traffic to copy it. Yellow highlight indicates redactions just lifted in nine unsealed plaintiffs briefs in private antitrust lawsuit. Wild stuff. /1 Image
A lot of new stuff. There was lots of reporting (including Apple threats to boot Facebook) at the time on Facebook's software and Onavo acquisition allowing it to "spy" on competitive apps but I recall the decryption was written as a hypothetical. CEO email kickstarting it. /2 Image
You can read the press back in Jan 2019 spoon fed by Facebook PR to friendlies with no mentions of decrypting SSL then compare to this internal email below sent to Facebook's most senior executives - "currently includes SSL decryption"... /3 Image
Read 16 tweets
Mar 14
TikTok? Y’all are crazy. Yes, it’s a huge problem but hypocrisy. Last year after Facebook worked years to keep it sealed, a court unsealed its secret app audit. It showed 86,961 developers in China had access to all of our personal data…yet crickets. /1 storage.courtlistener.com/recap/gov.usco…
This is the same app audit Zuckerberg promised Congress after concerns American’s personal data had been readily mined in Russia. Throw in Iran, North Korea, you name it. Press didn’t dig in. A good source told me DOJ and Congress hadn’t ever even seen this forensic audit. /2
Yet Facebook had spent four years trying very hard to keep even the names of the forensic auditing / clean-up firms confidential. Senate Intel Chairs did send a letter, no word on whether Facebook even responded to them. /3
Read 4 tweets
Mar 14
ok, I've now read the NYT response this week to attempts by OpenAI to dismiss NYT's landmark lawsuit against the high-flying AI company.
Put simply, NYT makes it brutally clear on page one how you can tell the difference between the two companies.
Oomph. /1 Image
A few other observations from me. Like NYT's original complaint, it's smart and future-focused on fair value. Where OpenAI made frankly bizarre claims NYT was hacking the platform as it detected OpenAI had its content, NYT is right. OpenAI isn't and can't dispute it copied it. /2 Image
Um, 2022 > 2020 = TRUE. Where OpenAI tried to inject a statute-of-limitations argument that OpenAI's lifting of content was "common knowledge" in 2020, NYT points out that ChatGPT and OpenAI didn't go viral until Nov 2022. /3 Image
Read 11 tweets
Mar 6
That's rich.
Microsoft's motion to dismiss NYT landmark lawsuit against MSFT/OpenAI. The most valuable company on the planet at 3 trillion claims the right to mine (aka 'harness') every work of journalism as part of its 'collaboration.' Comparing it to copying video tapes. 1/6 Image
To be fair, MSFT, and its leadership, were testifying from Australia to US Congress on importance of a free and plural press and antitrust enforcement to support it just a few yrs ago. They genuinely seemed to care now Team Nadella has prioritized its OpenAI 'collaboration.' 2/6
I keep putting 'collaboration' in air quotes as it's an amusing attempt to reframe what is an investment worth tens of billions in which MSFT's CEO literally helped save the OpenAI CEO and company late last year. 'Collaboration' is a nice lawyer spin word for it. 3/6
Read 6 tweets

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