Whoa. A super late Fri night unsealed doc in lawsuit Facebook is trying to settle for record $700+ million. It includes this long-hidden Sep '18 "Status and Re-scoped Approach" from the unprecedented audit Mark Zuckerberg promised Congress during Cambridge Analytica scandal. /1
Pop some corn or make some coffee if you're awake. The Judge in the case ordered some items unsealed by midnight Friday night. Again, they're trying to settle but Facebook's law firm is also going through sanctions for discovery abuse so Court is ordering stuff unsealed. /2
Reminder, here is what Zuckerberg promised Congress. They have attempted to keep even the names of the two consultants sealed for years but failed because they promised the public they would do the audit to keep us safe. Not just for legal reasons. /3
This was the timeline. It looks like the project was kicked off in May at the "Project Analytica Summit." A catchy name I suppose. Reminder, this was basically to investigate the extent that their entire app platform was leaking data as they hacked for growth. /4
These were the apps that appear to have been immediately escalated as high-priority. Gibson Dunn being the lawyers, FTI and Stroz the secret forensic consultants. Any apps that stand out, let me know. Definitely AIQ and Mail.ru. /5
Get this. Over 2 million apps fit the P0 priority list meaning they were created before 2015 and had access to sensitive user and friends' permissions. So again, that seems like a lot to me but what do I know. It's a big platform. /6
Let's get to where things start to get even more interesting. High-risk countries for all of that accessible personal data across the Facebook platform. Russian developers in Iran? China? Russia? Yes, TikTok 2023 seems super, super benign compared to this. /7
WTF. "Developers by Predicted Country." Again, this is from audit to see if Facebook had other Cambridge Analyticas - apps harvesting our personal data. /8
*China 86,961
Cuba 250
*Iran 2,533
**North Korea 21
*Russia 42,078
Sudan 647
*Syria 929
Ukraine 34,624
Vietnam 76,813
Again, reminder. The Sept 17, 2018 presentation is titled: "Status and Rescoped Approach." Why? Well sure enough slide 16 says, "Now is an opportunity to reflect and consider alternative approaches to better risk-calibrate the investigation." /9
They appeared to have been super early in the app investigation and already had a timeline to move it in-house, re-calibrate how deep they would really go. At that time, Zuckerberg and Sandberg were refusing summons from international parliaments. SEC was likely a major risk. /10
And a key enforcer, @ICOnews investigation was soon shut down informing public FB never even followed up on Cambridge Analytica servers afterward which Zuckerberg had told Congress was a priority. And then $5B+ of settlements shut down the FTC and SEC. /11
I'm going to link to full doc / report here so you can see everything. There were some other documents unsealed tonight, too. Likely more to come. Again, they chose to settle this private suit within weeks of Zuckerberg and Sandberg depositions. /12 storage.courtlistener.com/recap/gov.usco…
Here is a link to prior threads if you want to dig around a bit on it. Again, they spent years avoiding depositions and discovery before settling as discovery was underway for Zuckerberg and Sandberg and depositions imminent. Surprise! /13
And a bit more on the actual settlement including the final tweet of @SenatorMenendez rightly questioning the testimony of Zuckerberg. Facebook rushed him to town before they started the app audit, etc. Better to testify before everyone knew too much. /14
Before I close, I normally say anything in yellow is my highlighting as I go through documents. Thanks for digging in. I'll see if anyone else comes up with more intel in the morning. Thanks again for Facebook for having its news buried on a Friday night. We appreciate it. /15
Here is a thread connecting the risk of the same data being harvested in Russia as Zuckerberg minimized to Senate. It’s highly likely no one in the US enforcement ever saw this doc as FB claimed privilege, they never litigated and instead settled for over $5 billion. /16
And consistent with my last tweet, UK Parliament was even further ahead pressing for answers. But UK, Canada and other international enforcement def wouldn’t have seen this doc if US didn’t. @DamianCollins led UK inquiry. He didn’t see it or the audit. /17
ok, let's do this. I've now read all 153 pages of United States vs Google filed earlier today. As I've said earlier, Google is royally screwed.
The suit is super well-written building on prior work investigating Google’s market power abuse leveraging advertising technologies. /1
Much of the suit is indeed anchored around Google's maintenance of 20% revenue share from its ad exchange. And it smartly describes Google's scale across three dimensions: publishers, ad impressions and importantly, data. /2
On the data point, which anyone who follows me knows I heavily lean into the intersection of data protection and antitrust. The third dimension includes targeting data which no doubt has informed Google's approach to privacy rules - or the lack of them. /3
The United States Department of Justice Antitrust Division is locked in on Google. The press conference could not have been tighter. Starting at the very top. This is a very big deal. /1
AAG Gupta: “…and punished publishers who sought out alternatives. Those actions have weakened the free and open internet.” /2
And AAG Kanter brings it home with the details. Fifteen years of “reducing publisher revenues.” /3
Great interview in themarkup this morning. Agree 💯 here. Major social media platforms can avoiding amplifying and providing the reach and velocity without actually censoring. They should also better leverage brands for identifiers, proxies of trust as Twitter is now testing. /1
Because when your platform is microtargeting and accelerating the sludge while at the same suppressing the counterspeech that brings the sunlight then you start to have problems. /2
Especially when it comes from leadership. “I have recently concluded that in the United States at the moment, there is, at minimum, a striking and alarming shift in the extent to which dangerous speech is used and condoned by political leaders and other influential people.” /3
Facebook just filed a statement trashing the plaintiffs' case in support of FB's settling what will be the largest class-action privacy settlement in history - beating Facebook's previous record. It's pretty rich but I want to note a couple items then link to prior threads. /1
Facebook doesn't note Kogan's "equal partner," Joseph Chancellor, was hired by FB a month prior to when FB claims to have learned about issues. AFAIK, no one deposed him, FB quietly dismissed him. Settlement stopped depos of him, Zuckerberg, Sandberg. Why does this matter? /2
It matters when FB/leadership was aware of issues which, not only was a political hornet's nest, but brought attention to FB's entire growth hacking thru data reciprocity / apps biz. A board member even dumped much of his stock the month Chancellor was hired. See Delaware. /3
Wildly ironic thread. Yes, CEO of largest global public affairs firm, who has brilliantly tracked institutional trust for decades, provides vitally important counsel on what civil society expects. Ironic based who shared it…then Elmo attacks. See the data, not the sludge. /1
And yes, for the same reason brands are questioning their support of Twitter in 2023, customers want this from their brands (and employers). Purpose. /2
The report has nearly sixty pages of data making it clear why businesses have preserved public trust and the clear opportunities available to capture if they’re strong enough. /3
Good grief, digging back into Facebook’s massive privacy settlement filed Fri before xmas. A few quick observations. Facebook leads with "largest privacy settlement in US history" but note FB is beating its own record. Think about the type of company that makes that argument. /1
!!! a class estimate of 250mm and census population of 258mm will receive about $550mm. So every American’s exposure of their data, browsing, friends, and all sorts of things they thought were private that enriched Facebook into an alleged monopoly is worth $2 each. Congrats! /2
But the settlement is justified for that reason. Because of Facebook’s “resources” and “systemic importance of the issues” (aka their entire biz is built on surveillance capitalism, this is existential and they’ll “go to the mat” as Zuckerberg famously stated to employees. /3