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Jason Kint Profile picture
@jason_kint
Jul 10 • 9 tweets • 3 min read Twitter logo Read on Twitter
Facebook PR had a masterpiece last week - thx to court decision on July 4th and PR mob to its new app launch (a ripoff of Twitter no matter what their friendlies say). Over weekend, I read arguably the most important court decision in Facebook's history so you don't have to. 1/9
Simply put, Facebook is screwed. It invalidates their core biz in one of their largest markets. That's all. And it was issued by the highest court in the EU after over four years of proceedings. Ultimately, it means the company's "surveillance" is gutted. A quick summary... 2/9
In 2019, Germany's federal cartel office ruled FB didn't have proper user consent for what drove its entire biz - microtargeting content and ads (97% of its revenues). An antimonopoly decision hadn't previously incorporated GDPR (privacy law) so ultimately it went up to CJEU. 3/9
The full decision is quite a long read but here is how they deftly described decision of the cartel office. In lay terms, a user can't give proper consent ("freely given") due to the *dominance* of Meta's apps (Facebook, Instagram, WhatsApp). This goes back to 2018 - oomph. 4/9
The antimonopoly regulator had ordered Facebook to stop mixing/sharing data between each of their apps and data it mined across apps and the web, too. It was my opinion at the time this caused Facebook to rush its odd, ham-handed announcement branding its apps "by Facebook." 5/9
It made no sense to put a toxic "Facebook" brand on all of its apps in 2019 but they rushed the announcement, along with intention to make their back-ends interoperable, within a month of the German court decision and ahead of FTC investigation and lawsuit to break them up. 6/9
So here we are. The highest court has ruled German decision was solid. It entirely understands Facebook's core biz model (see below). It also says what it expects will happen - only leaving the lower court sign-off as a formality. Remember, EU is also investigating Facebook. 7/9
So I humbly suggest maybe throwaway comments about why their new app, Threads, didn't launch in the EU deserve a lot more serious examination. It appears Instagram data can't be used to populate Threads at the very least. 8/9
And Facebook PR should respond to the full court decision (). The decision is a lighthouse for competition regulators around globe. Some prior threads and rabbit holes. (bye) 9/9 https://t.co/M2mOmk6u2Gcuria.europa.eu/juris/document…

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More from @jason_kint

Jason Kint Profile picture
Jul 4
Woah. Huge. The highest EU court has ruled competition regulators can take into account privacy. This kills Facebook’s appeal of the German federal cartel office decision to end its surveillance capitalism. 1/3
This case started over 5yrs ago. Now the company called Meta (in part due to this decision), must silo data between Facebook, Instagram, WhatsApp and their surveillance across apps and the web. Facebook scrambled to integrate brands and interoperability because of this risk. 2/3
Here is a link to the press release () from the European Court of Justice along with the a thread where I cover this case and risk to Facebook. It’s actually more impactful than Apple iOS ATT as they can’t share across their owned apps. Massive ruling. 3/3 https://t.co/YXQGHl93CFcuria.europa.eu/jcms/upload/do…
Read 6 tweets
Jason Kint Profile picture
Jun 8
Wow. This is huge. So Facebook is proactively going to silo its user data between WhatsApp, Insta and the blue app in Germany. This shouldn’t be good enough for @Kartellamt who also ordered siloing of Facebook’s surveillance data but it’s a start four years later. 1/3 Image
I’ve long said this is the most interesting antitrust case as it integrates privacy law, orders a solution that effectively breaks up Facebook, drove Zuckerberg to integrate apps, and is a roadmap for FTC, the EU’s DMA regs and others. 2/3
On that last point, it was a perfect example how Sandberg could weave a new tale to bury a business risk. She had several of those with her “exclusive” for @DylanByers. Each coming back to be clearly have been misleading. GDPR another one. 3/3
Read 4 tweets
Jason Kint Profile picture
Jun 2
Deja vu.

I'm told Facebook is announcing tomorrow it will block ALL news for 5% of Canada starting Monday. When FB ran this play in Australia, it was a global intimidation playbook. Canada is at finish line to pass similar law #C18. #ParliamentStayStrongAgainstBullyMonopolist Image
here is more on Facebook's attempts to pressure lawmakers. Canadian House + Senate have been super strong in moving smart legislation while calling out Facebook's outrageous behavior. Parliament should get the bill passed by end of June. You go,👊.
This was the timeline for Australia. You'll notice blocking of news happened in same window approaching finish line. This wasn't an accident then.. nor is it now. Facebook will say its doing 5% to test properly. Last time they even had Campbell Brown in "news" do the briefings. Image
Read 8 tweets
Jason Kint Profile picture
Jun 1
incoming x 2 for facebook. first, recall we learned ceo mark zuckerberg was deposed in the private antitrust lawsuit two weeks ago which includes jedi blue. it seems the plaintiffs are not happy, asking for more time dangling *potential* criminal allegations (wiretap act). /1 Image
it may have something to do with a period ahead of Snap's IPO but again this is simply the plaintiffs filing as they attempt to get more time with the CEO in charge who has mostly eluded depositions in the past around this scandalous period by settling for billions. /2 Image
bottom-line, the plaintiffs want more time with him and to ask about specific deals including the deal with Netflix (its CEO was also to be deposed as he sat on Facebook's board) and its deal with Google (aka "Jedi Blue"). /3 Image
Read 5 tweets
Jason Kint Profile picture
May 24
Disaster. He’s killed the bird. Can’t do quality. Can’t do mass media. Doesn’t have the data. Enjoy the silence, advertisers.
The only 2:20 you need. ⬆️
And to be absolutely clear, it had nothing to do with popularity causing servers to “melt” - the ultimate spin for any amateur media. We had more concurrent live streams for sports events 15+ years ago.
Read 4 tweets
Jason Kint Profile picture
May 23
I’ve now read through 200+ page order against Facebook for the $1.3B+ fine. A couple parties should be absolutely offended. 1) EU public. Facebook Ireland passed and laundered surveillance data on you with product necessary data to Facebook US and now says it can’t be deleted. /1 Image
2) Google should be offended. Facebook has messaged thru innocent press this affects all big tech. G used “explicit consent” with users. Albeit aggressively and arguably illegally. But it’s not the same as Facebook just saying it’s part of user contract then sharing with FBUS. /2
3) EU data protection authorities. Facebook is telegraphing to the press that this all goes away under a new transatlantic agreement with the US. Once that’s in place, Facebook thinks its practices are all appropriate. I’ve never read anything so insane. /3
Read 5 tweets

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