A few hundred pages of internal Google docs just posted from discovery in a privacy lawsuit. some serious self-reflection clearly happening the last few years. For example, read this section. /1
"Three years to kill cookies" ... "we make lots of money from ads - that sounds like selling data to many people." /2
In fact, even Google's own employees state Google making money through its data practices if "effectively selling your data." Google must hate seeing this ack in an internal document. /3
Now, now. That's not the right attitude, Google. You should be willing to give users choice when it's not good for your business if they say "no." /4
To be fair, they/Google were smart enough to redline this section which acknowledges (see GDPR) that Google relies on a single broad consent - "take it or leave it model" - that uses "personalization" to sell their surveillance practices. Anyway, it's 200+ pages of interest. /5
Here is the case for those interested. /eof
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Yowzers. Google...kaboom. After allegedly ordering its "independent auditor" to withhold 6,232 of 6,322 sensitive docs despite court order in massive privacy lawsuit, NdCal Court just ordered E&Y to turn ALL over IMMEDIATELY. And Google to show why it shouldn't be sanctioned. 1/4
"Google cavalierly claims, 'Such a review is wholly justified.' Not in this Court. Rather, Google's resort to self-help was wholly without support in either common sense or the law and was in direct contravention of this Court's order..." 🔥 Wow. 2/4
"The Court is surprised but he actions of Google and Ernst and Young..." Recall E&Y is supposed to be the independent auditor. Here is the Court case. Northern District of California..big lawsuit around allegedly improperly syncing of data from Chrome for Googke's own $$$$. 3/4
ok, incoming... Updated antitrust complaint vs Facebook just posted including 110 unsealed pages. This is the suit FB failed to dismiss - pinned to its bad data practices. Redlines are new, I'll hit on what I see as the key new allegations and discovery evidence (so far). /1
Most importantly, it adds three massive sections alleging anticompetitive behavior in three business critical categories of data (location, commerce, video) with three respective companies - Foursquare, eBay and Netflix - including conflicts of interests in the deals. /2
it also intros term "Data Targeting Barrier to Entry" as it systematically walks through how critically important surveillance is to Facebook. FB uses the term "signal" - this came up A LOT on last earnings call regarding privacy - leading to its $1/4 trillion drop in value. /3
Facebook is having a rough 2022 - latest just hit docket - Judge and special master have ordered FB to turn over discovery on its massive audit ("ADI") of its apps for data leaks. 6k+ docs many with FTI Consulting and Stroz Friedberg (firms whose involvement it tried to seal). /1
Both FTI and Stroz are redacted in this filing but came out in press reports, hearings and parallel filings in other lawsuits. Now FB has to turn over all ADI docs unless primary purpose was legal advise (emails only to/fro FB or Gibson Dunn lawyers given this benefit). /2
We know from the parallel DC case Facebook tried to withhold from discovery communications involving over 4,200 employees of Facebook so, like, this could be A LOTTA uncomfortable discovery. /3
Google's privacy suit alleging it improperly synced Chrome browsing information with the mothership is getting interesting. Plaintiffs alleged late Friday Google instructed its independent auditor (E&Y) to withhold 6,232 (98%) of responsive discovery docs. /1
This all went down after E&Y had been served a subpoena a few months ago seeking the docs and the court ordered them to comply with it on a number of the requests. /2
Plaintiffs allege they first went to Google to get it resolved but didn't get any sufficient answer in terms of why it was requesting the 6,200+ docs to be withheld. /3
I sense no one is reading this so I choose a screenshot but this is the antithesis of reality. Good competition policy (and enforcement, hello EU) actually supports data protection. The idea improved privacy hurts competition is a disingenuous myth invented by adtech lobby. 1/4
Imagine writing a piece like this with misleading economic forecasting (that the revenue evaporates) while ignoring history that no privacy laws led to a duopoly of two companies capturing nearly all of the growth due to their tracking of users. 2/4
Many of the references are to industry friendly blogs and academic that don’t hold up. Facebook’s decline (more coming) due to kneecapping of its surveillance is leading to welfare reallocation to others with trusted consumer relationships. 3/4
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