So Facebook was absolutely torched earlier today at a hearing before Canada Parliament while trying to prevent legislation mirroring the Australia law they failed to stop which is now working as planned. Facebook torchings can be entertaining.
Shall I post some video? /1
First, some housekeeping up front by MP to establish when Facebook flipped out by blog post last Friday night by claiming it was never given an opportunity to testify and then threatened to block all news in Canada, it turns out Facebook never even requested to testify. /2
This was super interesting as questions turned to Facebook’s intentional chaos in Australia. MP probes whistleblower claim a FB special ops team handling Australia signed additional NDAs specific to the project and whether Canadians have also done same. Watch the squirming. /3
Lordy, when the MPs read through the WSJ whistleblower report on how Facebook allegedly worked to intimidate Australia parliament, it sounds worse every time. /4
MP then dives in deeper on the technical details of the whistleblower report which showed Facebook didn’t use a standard “canary method” to safely roll out blocking of news allowing many many pages of civil society, health and medical pages to also be blocked in process. /5
Another MP steps in, Facebook once again nailed down for “whining” about not being asked to testify then showing up and failing to answer legitimate questions of trust. Interruption midway by MP clearly running interference for Facebook (Conservative, more shortly). /6
Brutal. “The takedown is going according to plan.” /7
MP then labels Facebook’s threats and executions in Australia and Canada as “robber baron tactics.” New descriptor for me. But the shoe fits. /8
And a third MP steps up and again dives into the brutal details of the Wall Street Journal whistleblower report on Australia commending the importance of this good journalism up top. 🙏🏽 /9
“I was not involved” and “I am not aware as well” are the response of the two Facebook witnesses as to the incredibly damning actions and communications by Mark Zuckerberg, Sheryl Sandberg and Campbell Brown shared by the whistleblower to the WSJ and government agencies. /10
Also interesting line of questions to get at decision making and approvals from Zuckerberg. We’ve seen this show previously. The buck stops with MZ but decisions are made by an unidentified group. Of course, these people can’t block news for an entire country without MZ. /11
You’re damn right I ordered the code red. No, actually they continue to dodge answers but correct news won’t be blocked for 21 million people without approval from the very top. /12
Oooh. Super good question. MP notes how Facebook intentionally amplified and gave priority to authoritative news brands around the 2020 US elections which certainly calls into question Facebook’s argument news has no value to the company. /13
Wow, crazy to see MP jump in again to defend Facebook and its witness. Oh now, Facebook is being “badgered” she claims. Watch. It’s a bad look. You wouldn’t have this from either party in the U.S. /14
“I think Ms. Thomas watches too much Law and Order although it is good for the Conservatives to stand up and defend Facebook…” /15
To Facebook…ooomph. “do you know if your company is planning to threaten the government of the United States of America”…as it also has similar legislation before it. /17
Looping this with the live thread from the hearing. Again, this was Facebook testimony up in Canada today where Mark Zuckerberg still has an active subpoena to testify.
“They don’t want it to spread.” - @BGrueskin. For those who instead want to hear directly from a journalist on how the same code has worked in Australia and why FB wanted to isolate it there, I highly recommend @BGrueskin. He spoke to it here: .
Grueskin also published a written report around the same time the former chief of the Australian consumer and competition agency wrote his own which he testified to in Canada. All good.
Meanwhile credit to @Kantrowitz for being one of the few US reporters who tried to pin Facebook down when speaking to one of their top executives. Clegg says he didn’t want to do what they did in Australia which is quite a statement considering the above.
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
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
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
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
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
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
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
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
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
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
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