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COURTS

Facebook faced roadblocks investigating Cambridge Analytica, former exec testifies

Sheryl Sandberg, former COO,  said volume of app developers posed risks for Facebook

In this Thursday, Nov. 15, 2018 file photo the icons of Facebook and WhatsApp are pictured on an iPhone in Gelsenkirchen, Germany.
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A Santa Fe jury viewed a video deposition Monday from Sheryl Sandberg, Facebook's former chief operations officer, who said the company encountered roadblocks investigating its role into the Cambridge Analytica data-breach scandal.

Just days after news of the scandal broke in March 2018, Sandberg warned colleagues in an email that Facebook's third-party app developers posed a risk to the company going forward.

A copy of the email was viewed Monday by jurors in 1st Judicial District Court in Santa Fe where a trial is underway in New Mexico's lawsuit against Facebook.

"The single biggest issue we face - and I really need everyone to know this - is that there are a MILLION developers with access to the data," Sandberg wrote in an email dated March 17, 2018. She sent the email to Facebook colleagues just five days after the New York Times and the Guardian published reports about Cambridge Analytica's role in the 2016 presidential election.

New Mexico’s 2021 lawsuit against Facebook alleges that the now-defunct firm Cambridge Analytica harvested data from up to 87 million U.S. Facebook users and sold it to political campaigns, including the 2016 presidential campaign of President Donald Trump.

Top Facebook leaders, including founder and CEO Mark Zuckerberg, promised an investigation in response to March 2018 news reports about Cambridge Analytica. Facebook hired a law firm to examine the activities of third-party app developers but the investigation quickly ran into obstacles, Sandberg testified.

"I think we were unable to investigate all of the app developers because there were too many," Sandberg testified. "We prioritized the largest of them, which is what you would do if you have a million developers."

Facebook also lacked contact information for many of the developers, said Sandberg, who served as Facebook's COO from 2008 to 2022.

"In fact, many apps were shut down after the investigation because we didn't have up-to-date contact information," she told jurors. "We would send them requests for information and they wouldn't answer."

New Mexico plans to wrap up its case on Wednesday, attorneys said Monday. Meta, the parent company of Facebook and Instagram, plans to offer additional witnesses. The trial is scheduled through Oct. 2 before Judge Francis Mathew.

Cambridge Analytica

New Mexico alleges that a Cambridge University research, Aleksandr Kogan, launched a Facebook app in 2013 that ultimately accessed data from 87 million Americans, including app users and their Facebook friends.

Kogan sold the data to Cambridge Analytica, a London-based campaign consultant, the suit alleges. The firm's clients included the 2016 presidential campaigns of Ted Cruz and Donald Trump.

Sandberg said Facebook had difficulty investigating Kogan and Cambridge Analytica because they were based in Britain.

"Facebook was able to investigate only what happened on its own platform," Sandberg said. "But an actual investigation of Cambridge Analytica and Mr. Kogan was not possible because he was in another country."

Great Britain performed an audit and investigation into Cambridge Analytica but focused on the firm's influence on the Brexit election, not the U.S. presidential election, Sandberg said.

"The only way to do an investigation is to get access to the data that Cambridge Analytica would have had or a campaign would have had, and we had access to neither," she told jurors.

Facebook's investigation reached no conclusions about Cambridge Analytica's influence on the 2016 presidential election, Sandberg testified.

"I don't believe it was proven that it swung the election, nor do I believe it was of a size that could have swung a whole election, even if it was true," she said.

Olivier Uyttebrouck covers the courts and legal affairs. You can reach him at olivier@abqjournal.com.