Reset yer counters: Facebook has had to ‘fess up to yet another major ad reporting fail. This one looks like it could be costly for the tech giant to put right — not least because it’s another dent in its reputation for self reporting. (For past Facebook ad metric errors check out our reports from
This one looks like it could be costly for the tech giant to put right — not least because it’s another dent in its reputation for self reporting. (For past Facebook ad metric errors check out our reports from 2016 here, here, here and here.)
AdExchanger reported on the code error last week with Facebook’s free ‘conversion lift’ tool which it said affected several thousand advertisers.
The discovery of the flaw has since led the tech giant to offer some advertisers millions of dollars in credits, per reports this week, to compensate for miscalculating the number of sales derived from ad impressions (which is, in turn, likely to have influenced how much advertisers spent on its digital snake oil).
According to an AdAge report yesterday, which quotes industry sources, the level of compensation Facebook is offering varies depending on the advertiser’s spend — but in some instances the mistake means advertisers are being given coupons worth tens of millions of dollars.
The issue with the tool went unfixed for as long as 12 months, with the problem persisting between August 2019 and August 2020, according to reports.
The Wall Street Journal says Facebook quietly told advertisers this month about the technical problem with its calculation of the efficacy of their ad campaigns, skewing data advertisers use to determine how much to spend on its platform.
One digital agency source told the WSJ the issue particularly affects certain categories such as retail where marketers have this year increased spending on Facebook and similar channels by up to 5% or 10% to try to recover business lost during the early stages of the pandemic.
Another of its industry sources pointed out the issue affects not just media advertisers but the tech giant’s competitors — since the tool could influence where marketers chose to spend budget, so whether they spend on Facebook’s platform or elsewhere.
Last week the tech giant told AdExchanger that the bug was fixed on September 1, saying then that it was “working with impacted advertisers”.
In a subsequent statement a company spokesperson told us: “While making improvements to our measurement products, we found a technical issue that impacted some conversion lift tests. We’ve fixed this and are working with advertisers that have impacted studies.”
Facebook did not respond to a request to confirm whether some impacted advertisers are being offered millions of dollars worth of ad vouchers to rectify its code error.
It did confirm it’s offering one-time credits to advertisers who have been ‘meaningfully’ impacted by the issue with the (non-billable) metric, adding that the impact is on a case by case basis, depending on how the tool was used.
Nor did it confirm how many advertisers had impacted studies as a result of the year long technical glitch — claiming it’s a small number.
While the tech giant can continue to run its own reporting systems for b2b customers free from external oversight for now, regulating the fairness and transparency of powerful Internet platforms which other businesses depend upon for market access and reach is a key aim of a major forthcoming digital services legislative overhaul in the European Union.
Under the Digital Services Act and Digital Markets Act plan, the European Commission has said tech giants will be required to open up their algorithms to public oversight bodies — and will also be subject to binding transparency rules. So the clock may be ticking for Facebook’s self-serving self-reporting.
As people prepare and eat their Thanksgiving meals, or just “work” on relaxing for the day, some consumers are going online to get a jump on holiday shopping deals. Adobe, which is following online sales in real time at 80 of the top 100 retailers in the US, covering some 100 million SKUs, says that
As people prepare and eat their Thanksgiving meals, or just “work” on relaxing for the day, some consumers are going online to get a jump on holiday shopping deals. Adobe, which is following online sales in real time at 80 of the top 100 retailers in the US, covering some 100 million SKUs, says that initial figures indicate that we are on track to break $6 billion in e-commerce sales for Thanksgiving Day. Overall, it believes consumers will spend $189.1 billion shopping online this year.
To put that figure into some context, the overall holiday sales season represents a 33.1% jump on 2019. And last year Adobe said shoppers spent $4.2 billion online on Thanksgiving: this years’s numbers represent a jump of 42.3%. And leading up to today, each day this week had sales of more than $3 billion.
What’s going on? The figures are a hopefully encouraging sign that despite some of the economic declines of 2020 caused by the Covid-19 pandemic, retailers will at least be able to make up for some of their losses in the next couple of months, traditionally the most important period for sales.
As we have been reporting over the last several months, overall, 2020 has been a high watermark year for e-commerce, with the bigger trend of more browsing and shopping online — which has been growing for years — getting a notable boost from the Covid-19 pandemic.
The push for more social distancing to slow the spread of the coronavirus has driven many to stay away from crowded places like stores, and it has forced us to stay at home, where we have turned to the internet to get things done.
These trends are not only seeing those already familiar with online shopping spending more. It’s also introducing a new category of shoppers to that platform. Adobe said that so far this week, 9% of all sales have been “generated by net new customers as traditional brick-and-mortar shoppers turn online to complete transactions in light of shop closures and efforts to avoid virus transmission through in-person contact.”
Black Friday, the day after Thanksgiving, has traditionally been marked as the start of holiday shopping, but the growth of e-commerce has given more prominence to Thanksgiving Day, when physical stores are closed and many of us are milling about the house possibly with not much to do. This year seems to be following through on that trend.
“Families have many traditions during the holidays. Travel restrictions, stay-at-home orders and fear of spreading the virus are, however, preventing Americans from enjoying so many of them. Shopping online is one festive habit that can be maintained online and sales figures are showcasing that gifting remains a much beloved tradition this year,” said Taylor Schreiner, Director, Adobe Digital Insights, in a statement.
(That’s not to say that Black Friday won’t be big: Adobe predicts that it will break $10.3 billion in sales online this year.)
Some drilling down into what is selling:
Adobe said that board games and other categories that “bring the focus on family” are seeing a strong surge, with sales up five times over last year.
Similarly — in keeping with how much we are all shopping for groceries online now — grocery sales in the last week were up a whopping 596% compared to October, as people stocked up for the long weekend (whether or not, it seems, it was being spent with family).
Other top items include Hyrule Warriors: Age of Calamity, Just Dance 2021, as well as vTech toys and Rainbow High Dolls.
Amazon’s announcement this week that it would be offering more options for delivery this season speaks to how e-commerce is growing beyond simple home delivery, and how this has become a key part of how retailers are differentiating their businesses from each other. Curbside pickup has grown by 116% over last year this week, and expedited shipping is up 49%.
Smartphones are going to figure strong once more too. Adobe said $25.5 billion has been spent via smartphones in November to date (up 48% over 2019), accounting for 38.6% of all e-commerce sales.
In the US big retailers continue to dominate how people shop, with the likes of Walmart, Target Amazon and others pulling in more than $1 billion in revenue annually collectively seeing their sales go up 147% since October. Part of the reason: more sophisticated websites, with conversion rates 100% higher than those of smaller businesses. (That leaves a big opening for companies that can build tools to help smaller businesses compete better on this front.)
AstraZeneca’s CEO told Bloomberg that the pharmaceutical company will likely conduct another global trial of the effectiveness of its COVID-19 vaccine trial, following the disclosure that the more effective dosage in the existing Phase 3 clinical trial was actually administered by accident. AstraZeneca and its partner the University of Oxford reported interim results that showed
AstraZeneca’s CEO told Bloomberg that the pharmaceutical company will likely conduct another global trial of the effectiveness of its COVID-19 vaccine trial, following the disclosure that the more effective dosage in the existing Phase 3 clinical trial was actually administered by accident. AstraZeneca and its partner the University of Oxford reported interim results that showed 62% efficacy for a full two-dose regimen, and a 90% efficacy rate for a half-dose followed by a full dose – which the scientists developing the drug later acknowledged was actually just an accidental administration of what was supposed to be two full doses.
To be clear, this shouldn’t dampen anyone’s optimism about the Oxford/AstraZeneca vaccine. The results are still very promising, and an additional trial is being done only to ensure that what was seen as a result of the accidental half-dosage is actually borne out when the vaccine is administered that way intentionally. That said, this could extend the amount of time that it takes for the Oxford vaccine to be approved in the U.S., since this will proceed ahead of a planned U.S. trial that would be required for the FDA to approve it for use domestically.
The Oxford vaccine’s rollout to the rest of the world likely won’t be affected, according to AstraZeneca’s CEO, since the studies that have been conducted, including safety data, are already in place from participants around the world outside of the U.S.
While vaccine candidates from Moderna and Pfizer have also shown very strong efficacy in early Phase 3 data, hopes are riding high on the AstraZeneca version because it relies on a different technology, can be stored and transported at standard refrigerator temperatures rather than frozen, and costs just a fraction per dose compared to the other two leading vaccines in development.
That makes it an incredibly valuable resource for global inoculation programs, including distribution where cost and transportation infrastructures are major concerns.
Meet Bigblue, a French startup that just raised a $3.6 million seed round (€3 million) to build an end-to-end fulfillment solution in Europe. If you sell products on your own website and across multiple marketplaces, you can use Bigblue to handle everything that happens after a transaction. Bigblue doesn’t try to reinvent the wheel. Instead,
Meet Bigblue, a French startup that just raised a $3.6 million seed round (€3 million) to build an end-to-end fulfillment solution in Europe. If you sell products on your own website and across multiple marketplaces, you can use Bigblue to handle everything that happens after a transaction.
Bigblue doesn’t try to reinvent the wheel. Instead, it partners with existing logistics companies so that you only have to manage one relationship with Bigblue. It means that Bigblue works with several fulfillment centers to store your products as well as multiple shipping carriers.
Essentially, Bigblue lets you improve the experience for your customers. When you start using Bigblue, you send your products to a fulfillment center and you integrate Bigblue with your online stores. The startup has integrations with Shopify, WooCommerce, Magento, Wix Store, Prestashop, Fastmag and Amazon’s marketplace.
When a client orders a product from you, it is packed and shipped directly from the fulfillment center to your customers. Bigblue customers pay a flat fee per order and don’t have to deal with anything. Some packages might be delivered through DHL, others might be sent out using Chronopost, etc. It is completely transparent as Bigblue chooses the right carrier for you.
The startup also gives you more visibility into your shipping process. Retailers get an overview of their operations and can see the inventory from Bigblue’s interface. Clients receive branded delivery emails.
While it’s hard to build a good logistics network if you’re a small e-commerce company, Bigblue lets you compete more directly with Amazon big e-commerce websites. You can level up the customer experience without putting together an in-house logistics team.
Samaipata is leading today’s funding round. Bpifrance is contributing to the round. Plug and Play, Clément Benoit, Thibaud Elziere and Olivier Bonnet are also investing.
With the new influx of funding, the startup plans to hire 50 people and improve its product. You can expect more integrations with e-commerce platforms, ERPs and marketplaces. Bigblue is also going to build out its own shipment tracking pages and email personalization toolkit. The company will also improve product returns and delivery ETAs.
Following a request from Apple, Foxconn could be shifting production out of China for some iPad and MacBook models according to a report from Reuters. The new assembly lines would be based in Vietnam. As a recent investigation from The Information highlighted, both companies are intrinsically connected. The Taiwanese manufacturer is Apple’s main production partner.
Following a request from Apple, Foxconn could be shifting production out of China for some iPad and MacBook models according to a report from Reuters. The new assembly lines would be based in Vietnam.
As a recent investigation from The Information highlighted, both companies are intrinsically connected. The Taiwanese manufacturer is Apple’s main production partner. Apple is also Foxconn’s main client. When it comes to raw numbers, Foxconn is making 60% to 70% of iPhones, Apple’s main product.
Over the past few years, Apple has tried to diversify its supply chain in two major ways. First, Apple is trying to work with other manufacturing companies, such as Luxshare Precision Industry and Wistron.
Second, Apple is trying to manufacture its products in different countries. New tariffs and import restrictions have made that issue more pressing.
According to Reuters, Apple asked Foxconn to move some iPad and MacBook assembly to Vietnam. The assembly line should be operating at some point during the first half of 2021.
In addition to Vietnam, Foxconn also produces iPhone 11 devices in a plant near Chennai, India. Wistron also assembles iPhone models in India. Foxconn has also manufactured some iPhone models in Brazil.
U.S. Fertility, one of the largest networks of fertility clinics in the United States, has confirmed it was hit by a ransomware attack and that data was taken. The company was formed in May as a partnership between Shady Grove Fertility, a fertility clinic with dozens of locations across the U.S. east coast, and Amulet
U.S. Fertility, one of the largest networks of fertility clinics in the United States, has confirmed it was hit by a ransomware attack and that data was taken.
The company was formed in May as a partnership between Shady Grove Fertility, a fertility clinic with dozens of locations across the U.S. east coast, and Amulet Capital Partners, a private equity firm that invests largely in the healthcare space. As a joint venture, U.S. Fertility now claims 55 locations across the U.S., including California.
In a statement, U.S. Fertility said that the hackers “acquired a limited number of files” during the month that they were in its systems, until the ransomware was triggered on September 14. That’s a common technique of data-stealing ransomware, which steals data before encrypting the victim’s network for ransom. Some ransomware groups publish the stolen files on their websites if their ransom demand isn’t paid.
U.S. Fertility said some personal information, like names and addresses, were taken in the attack. Some patients also had their Social Security numbers taken. But the company warned that the attack may have involved protected health information. Under U.S. law, that can include information about a person’s health or medical conditions, like test results and medical records.
A spokesperson did not immediately respond to a request for comment about the incident. (Thursday is a national holiday in the U.S..)
U.S. Fertility didn’t say why it took more than two month to publicly disclose the attack, but said in the notice that its disclosure was not delayed at the request of law enforcement.
This is the latest attack targeting the healthcare sector. In September, one of the largest hospital systems in the U.S., Universal Health Services, was hit by the Ryuk ransomware, forcing some affected emergency rooms to close and to turn patients away. Several other fertility clinics have been attacked by ransomware in recent months.
A new report by European consumer protection umbrella group Beuc, reflecting on the barriers to effective cross-border enforcement of the EU’s flagship data protection framework, makes awkward reading for the regional lawmakers and regulators as they seek to shape the next decades of digital oversight across the bloc. Beuc’s members filed a series of complaints
A new report by European consumer protection umbrella group Beuc, reflecting on the barriers to effective cross-border enforcement of the EU’s flagship data protection framework, makes awkward reading for the regional lawmakers and regulators as they seek to shape the next decades of digital oversight across the bloc.
Beuc’s members filed a series of complaints against Google’s use of location data in November 2018 — but some two years on from raising privacy concerns there’s been no resolution of the complaints.
Since 2018, legal cases in , & have been launched against Google in relation to their collection and use of location data. Since then, nothing happened while Google generated $251billion from advertising revenue. pic.twitter.com/tNkUvXrAan
The tech giant continues to make billions in ad revenue, including by processing and monetize Internet users’ location data. Its lead data protection supervisor, under GDPR’s one-stop-shop mechanism for dealing with cross-border complaints, Ireland’s Data Protection Commission (DPC), did finally open an investigation in February this year.
But it could still be years before Google faces any regulatory action in Europe related to its location tracking.
This is because Ireland’s DPC has yet to issue any cross-border GDPR decisions, some 2.5 years after the regulation started being applied. (Although, as we reported recently, a case related to a Twitter data breach is inching towards a result in the coming days.)
By contrast, France’s data watchdog, the CNIL, was able to complete a GDPR investigation into the transparency of Google’s data processing in much quicker order last year.
This summer French courts also confirmed the $57M fine it issued, slapping down Google’s appeal.
But the case predated Google coming under the jurisdiction of the DPC. And Ireland’s data regulator has to deal with a disproportionate number of multinational tech companies, given how many have established their EU base in the country.
The DPC has a major backlog of cross-border cases, with more than 20 GDPR probes involving a number of tech companies including Apple, Facebook/WhatsApp and LinkedIn. (Google has also been under investigation in Ireland over its adtech since 2019.)
This week the EU’s internet market commissioner, Thierry Breton, said regional lawmakers are well aware of enforcement “bottlenecks” in the General Data Protection Regulation (GDPR).
He suggested the Commission has learned lessons from this friction — claiming it will ensure similar concerns don’t affect the future working of a regulatory proposal related to data reuse that he was out speaking in public to introduce.
The Commission wants to create standard conditions for rights-respecting reuse of industrial data across the EU, via a new Data Governance Act (DGA), which proposes similar oversight mechanisms as are involved in the EU’s oversight of personal data — including national agencies monitoring compliance and a centralized EU steering body (which they’re planning to call the European Data Innovation Board as a mirror entity to the European Data Protection Board).
The Commission’s ambitious agenda for updating and expanding the EU’s digital rules framework, means criticism of GDPR risks taking the shine off the DGA before the ink has dried on the proposal document — putting pressure on lawmakers to find creative ways to unblock GDPR’s enforcement “bottleneck”. (Creative because national agencies are responsibility for day to day oversight, and Member States are responsible for resourcing DPAs.)
In an initial GDPR review this summer, the Commission praised the regulation as a “modern and horizontal piece of legislation” and a “global reference point” — claiming it’s served as a point of inspiration for California’s CCPA and other emerging digital privacy frameworks around the world.
But they also conceded GDPR enforcement is lacking.
The best answer to this concern “will be a decision from the Irish data protection authority about important cases”, the EU’s justice commissioner, Didier Reynders, said in June.
Five months later European citizens are still waiting.
This includes concerns of the Irish DPC making unnecessary “information and admissibility checks”; as well as rejecting complaints brought by an interested organization on the grounds they lack a mandate under Irish law, because it does not allow for third party redress (yet the Dutch consumer organization had filed the complaint under Dutch law which does…).
The report also queries why the DPC chose to open an own volition enquiry into Google’s location data activities (rather than a complaint-led enquiry) — which Beuc says risks a further delay to reaching a decision on the complaints themselves.
It further points out that the DPC’s probe of Google only looks at activity since February 2020 not November 2018 when the complaints were made — meaning there’s a missing chunk of Google’s location data processing that’s not even being investigated yet.
It notes that three of its member organizations involved in the Google complaints had considered applying for a judicial review of the DPC’s decision (NB: others have resorted to that route) — but they decided not to proceed in part because of the significant legal costs it would have entailed.
The report also points out the inherent imbalance of GDPR’s one-stop-shop mechanism shifting the administration of complaints to the location of companies under investigation — arguing they therefore benefit from “easier access to justice” (vs the ordinary consumer faced with undertaking legal proceedings in a different country and (likely) language).
“If the lead authority is in a country with tradition in ‘common law’, like Ireland, things can become even more complex and costly,” Beuc’s report further notes.
Another issue it raises is the overarching one of rights complaints having to fight what it dubs ‘a moving target’ — given well-resourced tech companies can leverage regulatory delays to (superficially) tweak practices, greasing continued abuse with misleading PR campaigns. (Something Beuc accuses Google of doing.)
DPAs must “adapt their enforcement approach to intervene more rapidly and directly”, it concludes.
“Over two years have passed since the GDPR became applicable, we have now reached a turning point. The GDPR must finally show its strength and become a catalyst for urgently needed changes in business practices,” Beuc goes on in a summary of its recommendations. “Our members experience and that of other civil society organisations, reveals a series of obstacles that significantly hamper the effective application of the GDPR and the correct functioning of its enforcement system.
“BEUC recommends to the relevant EU and national authorities to make a comprehensive and joint effort to ensure the swift enforcement of the rules and improve the position of data subjects and their representing organisations, particularly in the framework of cross-border enforcement cases.”
We reached out to the Commission and the Irish DPC with questions about the report. But at the time of writing neither had responded. We’ve also asked Google for comment.
Hello and welcome back to Equity, TechCrunch’s venture capital-focused podcast (now on Twitter!), where we unpack the numbers behind the headlines. This week, we’re doing a first-ever for the show and taking a deep dive into one specific sector: Edtech. Natasha Mascarenhas has covered education technology since Stanford first closed down classes in the wake of
Hello and welcome back to Equity, TechCrunch’s venture capital-focused podcast (now on Twitter!), where we unpack the numbers behind the headlines.
This week, we’re doing a first-ever for the show and taking a deep dive into one specific sector: Edtech.
Natasha Mascarenhas has covered education technology since Stanford first closed down classes in the wake of the coronavirus pandemic. In the wake of the historic shuttering of much of the United States’ traditional institutions of education, the sector has formed new unicorns, attracted record-breaking venture capital totals, and most of all, enjoyed time in a long-overdue spotlight.
For this Equity Dive, we zero into one part of that conversation: Edtech’s impact on higher education. We brought together Udacity co-founder and Kitty Hawk CEO Sebastian Thrun, Eschaton founder and college drop-out Ian Dilick, and Cowboy Ventures investor Jomayra Herrera to answer our biggest questions.
Here’s what we got into:
How the state of remote school is leading to gap years among students
A framework for how to think of higher education’s main three products (including which is most defensible over time)
What learnings we can take from this COVID-19 experiment on remote schooling to apply to the future
Why ed-tech is flocking to the notion of life-long learning
And the reality of who self-paced learning serves — and who it leaves out
And much, much more. If you celebrate, thank you for spending part of your Thanksgiving with the Equity crew. We’re so thankful to have this platform and audience, and it means a ton that y’all tune in each week.
Finally, if you liked this format and want to see more, feel free to tweet us your thoughts or leave us a review on Apple Podcasts. Talk soon!
Equity drops every Monday at 7:00 a.m. PDT and Thursday afternoon as fast as we can get it out, so subscribe to us on Apple Podcasts, Overcast, Spotify and all the casts.
TikTok’s rise in the West is unprecedented for any Chinese tech company, and so is the amount of attention it has attracted from politicians worldwide. Below is a timeline of how TikTok grew from what some considered another “copycat” short video app to global dominance and eventually became a target of the U.S. government. 2012-2017:
TikTok’s rise in the West is unprecedented for any Chinese tech company, and so is the amount of attention it has attracted from politicians worldwide. Below is a timeline of how TikTok grew from what some considered another “copycat” short video app to global dominance and eventually became a target of the U.S. government.
2012-2017: The emergence of TikTok
These years were a period of fast growth for ByteDance, the Beijing-based parent company behind TikTok. Originally launched in China as Douyin, the video-sharing app quickly was wildly successful in its domestic market before setting its sights on the rest of the world.
2012
Zhang Yiming, a 29-year-old serial engineer, establishes ByteDance in Beijing.
2014
Chinese product designer Alex Zhu launches Musical.ly.
2016
ByteDance launches Douyin, which is regarded by many as a Musical.ly clone. It launches Douyin’s overseas version TikTok later that year.
2017-2019: TikTok takes off in the United States
TikTok merges with Musical.ly and and launches in the U.S., where it quickly becomes popular, the first social media app from a Chinese tech company to achieve that level of success there. But at the same time, its ownership leads to questions about national security and censorship, against the backdrop of the U.S.-China tariff wars and increased scrutiny of Chinese tech companies (including Huawei and ZTE) under the Trump administration.
2017
November
ByteDance buys Musical.ly for $800 million to $1 billion. (link)
2018
August
TikTok merges with Musical.ly and becomes available in the U.S. (link)
October
TikTok surpassed Facebook, Instagram, Snapchat and YouTube in downloads. (link)
The first half of 2020: Growth amid government scrutiny
The app is now a mainstay of online culture in America, especially among Generation Z, and its user base has grown even wider as people seek diversions during the COVID-19 pandemic. But TikTok faces an escalating series of government actions, creating confusion about its future in America.
A man wearing a shirt promoting TikTok is seen at an Apple store in Beijing on Friday, July 17, 2020. (AP Photo/Ng Han Guan)
2020
January
Revived Dubsmash grows into TikTok’s imminent rival. (link)
March
TikTok lets outside experts examine its moderation practices at its “transparency center.” (link)
Senators introduce a bill to restrict the use of TikTok on government devices. (link)
TikTok brings in outside experts to craft content policies. (link)
Secretary of State Mike Pompeo says the U.S. is looking to ban TikTok. (link)
TikTok announced a $200 million fund for U.S. creators. (link)
Trump told reporters he will use executive power to ban TikTok. (link)
The second half of 2020: TikTok versus the U.S. government
After weeks of speculation, Trump signs an executive order in August against ByteDance. ByteDance begins seeking American buyers for TikTok, but the company also fights the executive order in court. A group of TikTok creators also file a lawsuit challenging the order. The last few months of 2020 become a relentless, and often confusing, flurry of events and new developments for TikTok observers, with no end in sight.
August
Reports say ByteDance agrees to divest TikTok’s U.S. operations and Microsoft will take over. (link)
Trump signals opposition to the ByteDance-Microsoft deal. (link)
Microsoft announces discussions about the TikTok purchase will complete no later than September 15. (link)
Trump shifts tone and says he expects a cut from the TikTok sale. (link)
TikTok broadens fact-checking partnerships ahead of the U.S. election. (link)
August 7: In the most significant escalation of tensions between the U.S. government and TikTok, Trump signs an executive order banning “transactions” with ByteDance in 45 days, or on September 20. (link). TikTok says the order was “issued without any due process” and would risk “undermining global businesses’ trust in the United States’ commitment to the rule of law.” (link)
August 9: TikTok reportedly plans to challenge the Trump administration ban. (link)
Oracle is also reportedly bidding for the TikTok sale. (link)
August 24: TikTok and ByteDance file their first lawsuit in federal court against the executive order, naming President Trump, Secretary of State Wilbur Ross and the U.S. Department of Commerce as defendants. The suit seeks to prevent the government from banning TikTok. Filed in U.S. District Court Central District of California (case number 2:20-cv-7672), it claims Trump’s executive order is unconstitutional. (link)
TikTok reaches 100 million users in the U.S. (link)
August 27: TikTok CEO Kevin Mayer resigns after 100 days. (link)
Kevin Mayer (Photo by Jesse Grant/Getty Images for Disney)
Walmart says it has expressed interest in teaming up with Microsoft to bid for TikTok. (link)
August 28: China’s revised export laws could block TikTok’s divestment. (link)
September
China says it would rather see TikTok shuttered than sold to an American firm. (link)
September 13: Oracle confirms it is part of a proposal submitted by ByteDance to the Treasury Department in which Oracle will serve as the “trusted technology provider.” (link)
September 18: The Commerce Department publishes regulations against TikTok that will take effect in two phases. The app will no longer be distributed in U.S. app stores as of September 20, but it gets an extension on how it operates until November 12. After that, however, it will no longer be able to use internet hosting services in the U.S., rendering it inaccessible. (link)
On the same day as the Commerce Department’s announcement, two separate lawsuits are filed against Trump’s executive order against TikTok. One is filed by ByteDance, while the other is by three TikTok creators.
The one filed by TikTok and ByteDance is in U.S. District Court for the District of Columbia (case number 20-cv-02658), naming President Trump, Secretary of Commerce Wilbur Ross and the Commerce Department as defendants. It is very similar to the suit ByteDance previously filed in California. TikTok and ByteDance’s lawyers argue that Trump’s executive order violates the Administrative Procedure Act, the right to free speech, and due process and takings clauses.
The other lawsuit, filed by TikTok creators Douglas Marland, Cosette Rinab and Alec Chambers, also names the president, Ross and the Department of Commerce as defendants. The suit, filed in the U.S. District Court for the Eastern District of Pennsylvania (case number 2:20-cv-04597), argues that Trump’s executive order “violates the first and fifth amendments of the U.S. Constitution and exceeds the President’s statutory authority.”
September 19: One day before the September 20 deadline that would have forced Google and Apple to remove TikTok from their app stores, the Commerce Department extends it by a week to September 27. This is reportedly to give ByteDance, Oracle and Walmart time to finalize their deal.
On the same day, Marland, Rinab and Chambers, the three TikTok creators, file their first motion for a preliminary injunction against Trump’s executive order. They argue that the executive order violates freedom of speech and deprives them of “protected liberty and property interests without due process,” because if a ban goes into effect, it would prevent them from making income from TikTok-related activities, like promotional and branding work.
September 20: After filing the D.C. District Court lawsuit against Trump’s executive order, TikTok and ByteDance formally withdraw their similar pending suit in the U.S. District Court of Central District of California.
September 21: ByteDance and Oracle confirm the deal but send conflicting statements over TikTok’s new ownership. TikTok is valued at an estimated $60 billion. (link)
September 22: China’s state newspaper says China won’t approve the TikTok sale, labeling it “extortion.” (link)
September 23: TikTok and ByteDance ask the U.S. District Court for the District of Columbia to grant a preliminary injunction against the executive order, arguing that the September 27 ban removing TikTok from app stores will “inflict direct, immediate, and irreparable harm on Plaintiffs during the pendency of this case.” (link)
September 26: U.S. District Court Judge Wendy Beetlestone denies Marland, Rinab and Chambers’ motion for a preliminary injunction against the executive order, writing that the three did not demonstrate “they will suffer immediate, irreparable harm if users and prospective users cannot download or update” TikTok after September 27, since they will still be able to use the app.
September 27: Just hours before the TikTok ban was set to go into effect, U.S. District Court Judge Carl J. Nichols grants ByteDance’s request for a preliminary injunction while the court considers whether the app poses a risk to national security. (link)
September 29: TikTok launches a U.S. election guide in the app. (link)
October
WASHINGTON, DC – AUGUST 07: In this photo illustration, comedian Sarah Cooper’s page is displayed on the TikTok app. (Photo Illustration by Drew Angerer/Getty Images)
TikTok says it’s enforcing actions against hate speech. (link)
TikTok partners with Shopify on social commerce (link)
October 13: After failing to win their first request for a preliminary injunction, TikTok creators Marland, Rinab and Chambers file a second one. This time, their request focuses on the Commerce Department’s November 12 deadline, which they say will make it impossible for users to access or post content on TikTok if it goes into effect.
October 30: U.S. District Judge Wendy Beetlestone grants TikTok creators Marland, Chambers and Rinab’s second request for a preliminary injunction against the TikTok ban. (link)
November
November 7: After five days of waiting for vote counts, Joe Biden is declared the president-elect by CNN, followed by the AP, NBC, CBS, ABC and Fox News. With Biden set to be sworn in as president on January 20, the future of Trump’s executive order against TikTok becomes even more uncertain.
November 10: ByteDance asks the federal appeal court to vacate the U.S. government’s divestiture order that would force it to sell the app’s American operations by November 12. Filed as part of the lawsuit in D.C. District Court, ByteDance said it asked the Committee on Foreign Investments in the United States for an extension, but hadn’t been granted one yet. (link)
November 12: This is the day that the Commerce Department’s ban on transactions with ByteDance, including providing internet hosting services to TikTok (which would stop the app from being able to operate in the U.S.), was set to go into effect. But instead the case becomes more convoluted as the U.S. government sends mixed messages about TikTok’s future.
The Commerce Department says it will abide by the preliminary injunction granted on October 30 by Judge Beetlestone, pending further legal developments. But, around the same time, the Justice Department files an appeal against Beetlestone’s ruling. Then Judge Nichols sets new deadlines (December 14 and 28) in the D.C. District Court lawsuit (the one filed by ByteDance against the Trump administration) for both sides to file motions and other new documents in the case. (link)
November 25: The Trump administration grants ByteDance a seven-day extension of the divestiture order. The deadline for ByteDance to finalize a sale of TikTok is now December 4.
This timeline will be updated as developments occur.
“Hi, I’m Rivers from the band, Weezer,” Rivers Cuomo says with a slight smile and a wave. He turns away from the camera for a bit, before launching into his best infomercial pitch. “Imagine you’re on tour, and you’re sitting in your dressing room or your tour bus. You’re backstage. You have stage fright, you’re
“Hi, I’m Rivers from the band, Weezer,” Rivers Cuomo says with a slight smile and a wave. He turns away from the camera for a bit, before launching into his best infomercial pitch. “Imagine you’re on tour, and you’re sitting in your dressing room or your tour bus. You’re backstage. You have stage fright, you’re stressing out. You’re pacing back and forth. And then on top of that, your tour manager is constantly calling you, asking you logistical questions.”
As far as internet pitch videos go, it’s not the most universal. If anything, the three-minute clip loses any hope of populist appeal by the end. In a final shot, the singer in a maroon SpaceX hoodie is the last up the ramp onto a private jet. The plane door closes revealing a Weezer flying “W” logo.
“Download Drivetimes now, on GitHub,” Cuomo adds in voice-over. “This is CS50X.”
It’s not the most polished app pitch video, and Cuomo’s elevator pitch could probably do with a bit of refining before approaching venture capitalists about a seed round. As far as final projects for online programming courses go, however, it’s something to behold. The images alternate between pages of code, Google spreadsheets and POV shots as he takes the stage for a co-headlining tour with the Pixies.
It helped earn Cuomo a 95 in the class.
But while, in its current configuration, the Drivetime tour scheduling tool might have limited appeal, the musician’s final project from Harvard’s follow-up course, CS50W, is immediately apparent for an army of fans who have followed his quarter-century-plus career. This week Cuomo dropped more than 2,400 demos totaling more than 86 hours. Spanning 1976 to 2015, the songs range in quality from tape-recorded sketches to more polished fare. Some would eventually find their way onto Weezer’s 13 albums, or assorted side projects. Others wouldn’t be so lucky.
Available through Cuomo’s “Mr. Rivers’ Neighborhood” site, the tracks are gathered into nine bundles, each available for $9 a piece. “By the way,” Cuomo writers at the bottom of a disclaimer, “this market is my final project for a course I’m taking in web programming.”
For half-a-decade, the platinum-selling rock star has been moonlighting as a computer programming student.
“I was always a spreadsheet guy,” Cuomo tells TechCrunch. “Around 2000, I think I started in Microsoft Access and then Excel. Just keeping track of all my songs and demos and ideas. Spreadsheets got more and more complicated to the point where it was like, ‘Well, I’m kind of almost writing code here in these formulas, except it’s super hard to use. So maybe I should actually do programming instead.’ ”
It would be an odd side hustle for practically any other successful musician. For Cuomo, however, it’s the next logical step. In the wake of the massive success of Weezer’s self-titled debut, he enrolled as a sophomore at Harvard, spending a year living in a dorm. He would ultimately leave school to record the band’s much-loved follow-up, Pinkerton, but two more more enrollments in 1997 and 2004 found the musician ultimately graduating with an English BA in 2006.
CS50 found Cuomo returning to Harvard — at least in spirit. The course is hosted online by the university, a free introduction to computer science.
“I went through some online courses and was looking for something that looked appealing and so I saw the Harvard CS50 was very popular,” Cuomo says. “So I was like, ‘Well, I’ll give this a shot.’ It didn’t take immediately. The first week course was using Scratch. I don’t know if you know that, but it’s like kind of click and drag type of programming, and you’re making a little video game.”
A six-week course stretched out for six months for the musician. That same year, the musician — now a father of two — played dozens of shows and recorded Weezer’s 10th album, the Grammy-nominated White Album.
“When we hit Python halfway through the course,” Cuomo says, “I was just amazed at how powerful it was and intuitive it was for me, and I could just get so much done. Then by the end of the course, I was writing programs that were really helping me manage my day-to-day life as a traveling musician and then also managing my spreadsheets and managing my work as a creative artist.”
For Cuomo, productivity has never been much of an issue. The band has two albums completed beyond this year’s Black Album, and he’s already begun work on two more follow-ups. What has seemingly been a bigger issue, however, is organizing those thoughts. That’s where the spreadsheets and database come in.
The “thousands” of spreadsheets became a database, cataloging Cuomo’s own demos and work he was studying from other artists.
“For years it seemed like kind of a waste of time or an indulgence,” he says. “I should be writing a new song or, or recording a song rather than just cataloging these old ideas, but I’ve found that, years later, I’m able to very efficiently make use of these ancient ideas because I can just tell my Python program, ‘Hey, show me all the ideas I have at 126 BPM in the key of A flat that start with a third degree of the scale and the melody and are in Dorian mode and that my manager has given three stars or more to.’ ”
He admits that the process may be lacking in some of the rock and roll romanticism for which fans of the bands might hope. But in spite of drawing on pages of analytics, Cuomo insists there’s still magic present.
For Cuomo, productivity has never been much of an issue. Given his level of productivity, however, organizing all of those thoughts can get tricky. That’s where the spreadsheets and database come in.
“There’s still plenty of room for spontaneity and inspiration in what we traditionally think of as human creativity,” Cuomo explains. “One of my heroes in this realm is Igor Stravinsky. There’s a collection of his lectures called “The Poetics of Music.” And he had a note in that collection. He said he has no interest in a composer that’s only using one of his faculties, like a composer that says, ‘I am only going to write what pops into my head spontaneously when I’m in some kind of a creative zone. I won’t use any of my other tools.’
“He says, ‘No, I prefer to listen to the music of a composer who’s using every faculty at his disposal, his intuition, but also his intellect and his ability to analyze and categorize and make use of everything he has.’ I find that those ended up being the most wild and unpredictable and creative compositions.”
And there’s been no shortage of compositions. Cuomo says the band has two albums completed beyond this year’s Black Album, and he’s already begun work on two more follow-ups. After decades of feeling beholden to the 18-month major label album release cycle, the singer says that after the Demos project, he has a newfound interest in finding more ways to release music directly to fans.
“I don’t feel like I’m really good at understanding the big-picture marketplace and how to make the biggest impact in the world,” he says. “My manager is so good at that, but I just told them like, ‘Hey, this feels like something here. First of all, it’s really fun. The fans are really happy. It’s super easy for everyone involved.’ The coding part wasn’t easy, but for everyone else, it’s a couple of clicks and you’ve got all this music, and it’s a cheap price, and there’s no middleman. PayPal takes a little bit, but it’s nothing like a major label. So, this could be something. And there’s just something, it feels so good when it’s directly from me to the audience.”
For now, computer science continues to take up a major chunk of his time. Cuomo estimates that he’s been spending around 70% of his work hours on programming projects. On Wednesday nights, he helps out with programming for a meditation site (another decades-long passion), and he plans to take Harvard’s follow-up CS50M course, which centers around developing for mobile apps.
There are, however, no immediate plans to quit his day job.
“I can’t see me getting a job at a startup or something or maintaining somebody’s website,” he says. “But maybe the line between rock star and web developer is getting blurred so that musicians will be making more and more use of technological tools. Besides just the music software, we’ll be making more and more use of means of distribution and organization and creativity that’s coming out in the way we code our connection to the audience.”
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