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kate conger @kateconger
, 27 tweets, 4 min read Read on Twitter
Back in court this morning for testimony from Uber's deputy general counsel Angela Padilla about the Jacobs letter, which accuses Uber of using a special team to steal trade secrets.
Padilla says that Uber voluntarily disclosed the Jacobs letter to the US Attorneys Office in June and to both the Southern District of NY and Northern District of CA in Sept.

Waymo didn't get it until last week.
Uber told the government about the letter because Ric Jacobs (former security analyst at Uber) threatened to do it. Padilla says that she thought Jacobs was extorting the company and wanted to undercut him by coming forward first.
Judge Alsup: "You said it was a fantastic BS letter, nothing to it. And yet you paid $4.5 million dollars … That is a lot of money and people don’t pay that kind of money for BS."
Alsup lays into Padilla for keeping the Jacobs letter secret from Uber's own in-house lawyers working on the Waymo case. "I continued an entire trial because of your decision. You wanted this case to go to trial so they didn’t have the benefit of this document."
Uber board members who saw the Jacobs letter: Bill Gurley, Garrett Camp, Ryan Graves, David Bonderman, Wan Ling Martello, Arianna Huffington, and Travis Kalanick.

I'm not a lawyer but I am super-confused about why none of them thought to disclose it in this lawsuit.
ooof. Padilla says Jacobs was caught stealing Uber's own confidential data and exfiltrating it to his personal computer, and when he was caught, he resigned.

"He was stealing those documents in order to be a whistleblower," she says.
Jacobs sent an email to Travis Kalanick and other executives when he got caught, with the subject line "criminal and unethical activities in security." The email mentions Waymo, but apparently "waymo" wasn't a search term for discovery so it didn't get turned over. ¯\_(ツ)_/¯
oh my GOD
(not shocked that Uber employees used Wickr/Telegram, btw, just weirded out by this whole anti-crypto narrative that's emerging here)
next up is Mat Henley, Uber's head of global threat operations
Henley says that he tasked staff to surveil "the routes of a competing autonomous program."
Marketplace Analytics team was renamed MI, Henley explains.

Waymo asks what MI means.

"Marketplace Integrity"

Courtroom lol's.
cryptosplaining!

Waymo: "Is it true that Wickr isn’t run through any of Uber’s servers?"

Henley: "That from a technical perspective makes no sense so if you could rephrase what you’re saying. Because that’s not how a communications protocol works."
This is making me realize how sketchy infosec practices sound to muggles.

Henley: "We use non attributable devices as our research laptops. They are used so we can research criminal groups and others who we can’t have attribution to the Uber networks tied back to them."
I am SCREAMING

Waymo, asking question about an invite to a Zoom meeting: "this is a code word that refers to the Otto acquisition?"

Henley: "Zoom is a company that provides video conferences."

Alsup: "Please zoom right along."
Henley says he did talk to Anthony Levandowski and Lior Ron on Wickr, doesn't remember what they talked about.
Uber's lawyer questioning Henley now, making him explain how virtual machines work. He's basically driving to the point that you can't store docs on them, so Waymo's 14,000 docs aren't there.
ugh god the crypto narrative refuses to die.

Uber's lawyer is literally reading marketing materials for Google Allo, pointing out that Google makes an encrypted, ephemeral messaging product.
Nick Gicinto, sr manager of infosec at Uber, says a vendor recorded a conversation between representatives of Didi and Grab in a public space. He was asked to minimize background noise on the audio.
More details on the Wickr ban at Uber: Joe Sullivan sent out an email in September saying the company's Wickr instance would be shut down until the ephemerality feature could be turned off.
Gicinto has harsh words for Jacobs: "I worked with him side by side as a colleague for over a year. He was very close to a lot of the information I had access to and he has perverted it and twisted it to his own end to serve his own devices."
After testimony, Alsup says it is credible that Levandowski used Wickr to talk about Waymo secrets. He's skeptical of the claims about non-attributable devices being used. "For Uber, I don’t feel sorry for you because you brought all this on yourself."
Alsup: "I am going to wreck the holiday of all you lawyers, but you get paid too much money, I don’t feel bad." Discovery must be done by Dec. 22
NEW TRIAL DATES: Jury selection on Jan. 31; trial begins Feb. 5.
ok hearing over! story update coming soon, tweet me questions/typo corrections if you have them.
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