Bam. Facebook just filed its brief for Nov 6th SCOTUS hearing. As much as you may think you know the cover-up, you really should read. I will link to Facebook's petition (and response when filed) along with the actual complaint moving fwd in 9th circuit. But two things. /1
First, if Justice Kavanaugh doesn't recuse then I argue it's the biggest conflict of interest by SCOTUS this year considering he's best friends and reportedly roomed at home of Facebook's top policy exec - Joel Kaplan, in middle of scandal - during confirmation hearings. /2
It's good the complaint captures nuanced items like Facebook hiring one of the two co-founders of GSR (the other they made the fall guy) after they found out their data was being sold but before the public knew it. We knew this, but most press missed on it in the noise. /3
But it also picks up on new items like Katie Harbath (mentioned 60+ times in the complaint) appears to be "M" and "N" in the Facebook message thread revealing they knew about issues with the company back in 2015. /4
They also capture the deceptive label of "certification" applied by Facebook and Zuckerberg during press statements and testimony despite knowing it was legally dubious cover-up material. And that Andy Stone was reportedly the spokesperson helping bury this. /5
However, despite my following near every detail, they also found new items like Kogan had TWO agreements with Facebook to delete data. One was dated a day after Brexit vote (so likely signed under pressure) but I was unaware it came after a Sandberg/Kaplan meeting in DC. /6
Ultimately, it's a securities case getting at when Facebook knew risks and how it chose to (not) disclose them. But underlying evidence strikes at heart of governance, prior testimony and a huge derivative lawsuit in Delaware. If Facebook fails to get SCOTUS to kill it. /7
Here is a link to the actual full complaint. You may be surprised at how much has been recorded into history wrong. Even the simple idea that Facebook data was actually sold. /8 supremecourt.gov/DocketPDF/23/2…
And here is a link to Facebook's brief to SCOTUS. It's led by Gibson Dunn (Lipshutz is big gun. GD was involved in "audit" - scandal clean up with FTI and Stroz Friedberg. Also sanctioned for burying and delaying related evidence in the mdl lawsuit). /9 supremecourt.gov/DocketPDF/23/2…
This thread will take you into the original cert request and various documents from the lawsuits and history of the case (for those interested). Back to Google antitrust now ;) /10
Unsealed evidence posted over the weekend in the 40+ State AGs upcoming child addiction trial (ndcal mdl) v Facebook/Meta/Instagram (as part of summary judgement proceedings).
This backchannel as their lawsuits were filed is sort of deadly imho. /1
It includes emails from Zuckerberg, policy people, strategies for leveraging Meta's "alumni network", academics, favorite press, lawmakers, et al. It also includes bits of transcripts like this one. /2 storage.courtlistener.com/recap/gov.usco…
Here is Facebook comms crafting what appears to be an internal call to arms for Nick Clegg who presented to be on the right side of doing something about all of this. Although maybe it was more focused on suppressing criticism than improving product. /3 storage.courtlistener.com/recap/gov.usco…
wow. NdCal just denied Facebook's attempt to dismiss securities suit for Cambridge Analytica cover-up. Court says plaintiffs credibly alleged Zuckerberg and Sandberg knew it "possessed over 40mil user profiles" way earlier. 4th amended complaint added/redacted cited evidence. /1
Count I, II and III now proceed, all alleged (civil) violations of 1934 SEC Act including over $5B in stock sales by Zuckerberg. This is the case Facebook already took up to SCOTUS to be denied cert. In DE, they settled similar case as director Andreessen was set to testify. /2
In this case, the executive defendants are Zuckerberg, Sandberg and CFO Wehner. What is interesting is it's added new evidence squeezed out more recently in courts including Court sanctions against Sandberg for deleting "relevant emails" over a pseudonymous gmail account. /3
Big. A major new law & tech paper takes on the economics of behavioral advertising - the kind that tracks users across multiple businesses and contexts, not just on sites they choose to visit.
It challenges industry’s favorite claim: that tracking is a “win-win” for everyone. /1
Bear with my thread. You may know I've been sharing Google and Meta monopoly abuse concerns for nearly a decade (courts now ruling). That said, I've always said ubiquitous data collection across the web (mostly NOT on the duopoly's own services!) is what fuels their dominance. /2
At the heart of the debate is this Figure 1 - and two very different ways to frame it.
Framing #1 (the industry narrative): Data aka 'signal' -> Better targeting -> More relevant ads -> More revenue -> Free content -> Everyone wins!
Simple. Elegant. But entirely misleading. /3
The 8hr video of Jack Smith’s testimony was released by Congress on New Years’ Eve in between Epstein and Venezuela. It’s an extraordinary display of Smith’s integrity and attention to justice and fairness on 1/6. Allison Gill deserves praise for curating the key clips. 1/4
Smith clearly represents all who worked towards justice and public interest, expressing his confidence and rationale he had the evidence to prove Jan 6th case to a jury. He also shows his gratitude to those retaliated against - in just doing their jobs. This stood out to me. 2/4
I must say I’m impressed by Covington & Burling law firm who has stood strong during this retaliation. This is just 1/6 - they’ve worked with Smith to be cautious to not discuss any confidential details in his classified docs report still sealed by Judge Cannon. (1.3x to fit) 3/4
So many mind blowing sentences in this just incredible Wall Street Journal report. Starting here, “Witkoff, who hasn’t traveled to Ukraine this year, is set to visit Russia for the sixth time next week and will again meet Putin. He insisted he isn’t playing favorites.” /1
“Inside were details of the commercial and
economic plans the Trump administration had been pursuing with Russia, including jointly mining rare earths in the Arctic.” /2
“European official asked Witkoff to start speaking with allies over the secure fixed line Europe's heads of state use to conduct sensitive
diplomatic conversations. Witkoff demurred, as he traveled too much to use the cumbersome system.” /3
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1
Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2
Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3