Jason Kint Profile picture
Aug 15, 2024 11 tweets 4 min read Read on X
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 Image
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 Image
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 Image
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 Image
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 Image
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 Image
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…
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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
Adding the Wired citation to the end here. /11

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More from @jason_kint

Jun 17
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 Image
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 Image
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 Image
Read 20 tweets
Jun 15
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 Image
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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 Image
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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 Image
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Read 11 tweets
Jun 10
Incredible work being done by the press to keep facts building on facts. Grateful. This entire WSJ report overnight starting with this lede on how White House orders sparked LA crackdown is both chilling and informative. /1 Image
This statement. “We came to the United States for protection of what we encountered in Russia. It seems that we are encountering here what we fled.” /2 Image
WSJ separating out cases of targeting groups who have not committed crimes but even noting here incredible resources being used against what appears to be clear, First Amendment protected activity alerted the community. Here is the must-read report. /3 wsj.com/us-news/protes…Image
Read 6 tweets
May 28
Confession. Having watched Scott Pelley's outstanding work over nearly three decades, I almost didn't take the time to watch his W.F. commencement speech thinking the news reports told me enough of the facts. Frankly, that would have been a huge mistake on my part. Huge. 1/5
Disclosure: I'm a 60 Minutes fan. In fact, I read Don Hewitt's "Tell Me a Story" after nearly a decade in sports media and it likely tipped the scale in 2007 when I decided to jump to work at CBS. I find Pelley and team brilliant in telling stories in barely 15 min segments. 2/5
“If liberty means anything at all, it means telling someone something that they don’t want to hear. I fear there may be some people in the audience who don’t want to hear what I have to say today but I appreciate your forbearance in this small act of liberty.” - Scott Pelley 3/5
Read 6 tweets
May 16
wow, another order for Mark Zuckerberg to sit for another court deposition. This time in a case involving privacy violations with ingesting web-wide health data. Remember they paid billions in cases to try to avoid this. Data and privacy issues are especially sensitive. /1 Image
Zuckerberg depositions are interesting as they often go on for hours with highly informed attorneys driving for answers. And those answers may be put up against the often questioned veracity of his answers to Congress. Yes, as a CEO, he has testified to Congress A LOT. /2
I think his first real depo was SEC on very sensitive data scandal leading to $5B+ settlements with FTC+SEC. That scandal is still playing out in courts (did he overpay to protect himself?) It took 3yrs to get unsealed after I caught it in a footnote. /3
Read 7 tweets
May 13
The Verge comes in with a massive scoop on the backstory reporting it was Musk - and Sacks - behind the scenes trying to blow up IP to train AI on behalf of his allies. This wouldn't be a surprise to anyone. /1 Image
they have reports and details on the carnage and firing of the leadership and on the possible incorrect assumption that the new people in charge were running their playbook. /2 Image
It may be rare that @mrddmia is in agreement with Dems but in the world of accountability for big tech abuse whether over data, monetization, IP, censorship, privacy, you name it, these aren't partisan issues. appreciate the shared voice from advocates all around. /3 Image
Read 5 tweets

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