Jason Kint Profile picture
Mar 26 16 tweets 6 min read Read on X
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
court also unsealed (in yellow) a brief re: Netflix whose CEO sat on Facebook's board. The lawsuit allegations are Netflix was one of the companies where Facebook backed off competing in exchange for data to boost its ad targeting signals. Emails after @pkafka interview. /4 Image
@pkafka again, these are from the plaintiffs' briefs (nine of them unsealed) but the yellow parts are a good tease for the upcoming trial. Hastings was in a highly unique role at a pivotal time for Facebook's board of directors. /5 Image
Here is the full unsealed docket item including the allegations against Facebook for "wiretapping" Snapchat including the Zuckerberg emails. /6 storage.courtlistener.com/recap/gov.usco…
"trying to build a clone of Snapchat." you don't say, Facebook? /8 storage.courtlistener.com/recap/gov.usco…
Facebook and Netflix's special relationship allegations. /9 storage.courtlistener.com/recap/gov.usco…
Woah. 41 attorneys including twenty-five from WilmerHale says so, so much. /10 Image
The unsealed documents are 735 through 743 in case 3:20-cv-08570-JD which has already been through appeal and is finally headed to trial in likely early 2025 if there isn't a settlement. Sneak peak at FTC case through some of this. Old thread. /11
And the allegations do get worse...seeing the underlying evidence at trial is important. "The company's highest-level engineering executives through the IAAP Program was a legal, technical, and security nightmare...'I can't think of a good argument why this is okay.'" /12 Image
Not getting any good answers on this. @JoshConstine described this testimony by Zuckerberg as "perjury" in real-time in 2020. I'm not sure this new email hurts his case.
First news report I’ve seen around these unsealed briefs. TechCrunch broke some of the original details on the original allegations so good they can build upon it with the emails involving Zuckerberg.
And now @TheNewsHam @HaysKali also followed up with the report on the docs I shared last night. Remember me next time you’re trying to keep up with Meta lawsuits. More coming. Cheers. businessinsider.com/mark-zuckerber…
And @ZeffMax who did get a statement out of Meta as they try to deflect with a quote that deserved inline fact checking considering the project name and newly released Zuckerberg emails I highlighted yesterday are at odds with it. /16 gizmodo.com/project-ghostb…
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More from @jason_kint

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
Mar 1
If you’re looking for positive courtroom news, Meta’s “nuclear” structural constitutional lawsuit v FTC in response to the FTC’s show cause to ban it from surveillance capitalism with minors went very very poorly just now. /1
Meta attempted to argue bias based on a few words in the show cause, not the statute itself, which the court called the “weakest argument” that there would be irreparable injury. A lot of back and forth but no ground given. /2
I bore you with this as the court also pointed out the high bar for irreparable injury in DC court and most small businesses can’t reach it yet risk can mean they go out of business. He said I’m fairly certain ”a few months of litigation won’t put Meta out of business.” /3
Read 5 tweets
Feb 28
Oh dear, watch this. As near every state AG, school district and lawmaker is scorching Facebook, Instagram for child harms, their heavily funded fronts NetChoice, CCIA, Chamber of Progress run their interference while hiding behind Apple, Amazon, and Google on this issue. /1
This was in Vermont Senate yesterday. This is hysterical. After being pressed on their Meta funding, “let me check our website” oh look there. surprise. /2
Oh dear heavens, watch. when pressed on what new social media feature she is most proud that makes children healthier, she (NetChoice) says, “parents taking away the phone from the child.” /3
Read 7 tweets
Feb 23
Zuckerberg+Sandberg+Mosseri+Bosworth have made billions. “Men in these groups frequently praise the advent of Instagram as a golden age for child exploitation…’And there’s an infinite supply of it — literally just refresh your Instagram Explore page there’s fresh preteens.’” /1
Advertisers spent $134B last year supporting the company despite nearly every bipartisan state attorneys general, the federal trade commission and literally hundreds of school districts suing them on multiple fronts. Margins are built on a model where they can ignore harms. /2 Image
Meta/Instagram/Facebook DC public relations has spent nearly a decade shielding its execs from for everything from genocide to the largest data breaches to foreign adversaries weakening democracies to harming our future generation. Just read these two parts of this NYT report. /3
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Read 8 tweets

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