Tag Archives: whistleblowers

Twitter’s Ex-Security Head Files Whistleblower Complaint on Spam, Privacy Issues

Twitter Inc.’s

TWTR -7.32%

former head of security filed a whistleblower complaint against the company, accusing it of failing to protect sensitive user data and lying about its security problems, just weeks ahead of the social-networking platform’s courtroom battle with

Elon Musk.

Peiter Zatko, who was fired as Twitter’s head of security earlier this year, submitted the complaint last month to the Securities and Exchange Commission, according to a representative of Whistleblower Aid, an organization that helped file the claims. His submission says that he “uncovered extreme, egregious deficiencies by Twitter in every area of his mandate,” including privacy, digital and physical security, platform integrity and content moderation.

Among Mr. Zatko’s claims are that Twitter executives, including Chief Executive

Parag Agrawal,

deliberately undercounted the prevalence of spam on the platform. Those claims could further complicate Twitter’s battle with Mr. Musk, whom the company sued in July to enforce a $44 billion takeover deal. Mr. Musk has alleged Twitter misrepresented its business, particularly as it relates to the level of spam or bot accounts—claims Twitter denies.

A five-day nonjury trial is slated to begin in October.

The existence of the whistleblower complaint was earlier reported by the Washington Post and CNN.

A Twitter spokeswoman said Mr. Zatko was fired “for ineffective leadership and poor performance” and that the complaint “is riddled with inconsistencies and inaccuracies and lacks important context.”

A lawyer for Mr. Musk said: “We have already issued a subpoena for Mr. Zatko, and we found his exit and that of other key employees curious in light of what we have been finding.”

Twitter shares were down roughly 5% in Tuesday intraday trading.

Mr. Zatko, a former hacker who is known as “Mudge,” has been a noted computer-security researcher for decades. He was a member of a Boston cybersecurity collective that came to prominence in 1998 when it offered warnings about the state of national cybersecurity in testimony to the U.S. Senate. During one Senate hearing, the group told lawmakers they could take down the internet in 30 minutes.

He was hired by Twitter in late 2020 after a career that included other corporate roles.

Whistleblower Aid’s founder John Tye said Mr. Zatko first approached the nonprofit in early March through the encrypted messaging app Signal. Mr. Tye said Mr. Zatko has never met or spoken with Mr. Musk and that Mr. Musk’s team hasn’t been in contact with the nonprofit about Mr. Zatko’s complaint.

“He sees this whistleblowing as sort of the last resort,” Mr. Tye said of Mr. Zatko. “He obviously worked hard inside the company, used the internal channels and ultimately has ended up as a whistleblower.”

Mr. Zatko was brought into Twitter by co-founder

Jack Dorsey

after a high-profile hack by a teenager who bypassed the company’s securities systems. Mr. Dorsey “specifically recruited Mudge for his reputation of speaking truth to power,” according to the complaint.

Mr. Dorsey, however, was only a sporadic presence at the company, and the new hire—who had hundreds of staff reporting to him—was quickly overwhelmed by the task at hand, according to the complaint. At one point, Mr. Agrawal told his team, “Twitter has 10 years of unpaid security bills,” per the complaint.

The relationship between Mr. Zatko and Twitter’s leadership deteriorated over the subsequent months, according to both parties. Mr. Zatko helped oversee a critical report on Twitter’s ability to fight misinformation and spam, which other executives watered down, according to the complaint, which said Mr. Zatko was told by a Twitter lawyer that the changes were intended to hide the findings and prevent them from leaking internally or externally.

The complaint also expresses concerns about Twitter’s ties to foreign governments and says the company may have foreign spies on its payroll. It states that Mr. Zatko believed that the Indian government had forced the company to knowingly hire at least one employee who had access to “vast amounts of Twitter sensitive data.” India’s Washington embassy didn’t immediately respond to a request for comment.

Earlier this month, a former Twitter employee was found guilty by a U.S. jury of spying for Saudi Arabia by passing on private user information associated with critics of the kingdom in exchange for hundreds of thousands of dollars while he worked at the company from 2013 to 2015.

Much of the complaint, though, deals with fake or spam accounts, a topic that Mr. Musk drew attention to in his takeover bid for Twitter.

Like the

Tesla Inc.

CEO, Mr. Zatko alleges that Twitter miscounts such users by focusing only on what are known as monetizable daily users, or MDAU, rather than all total daily users. The former category counts only those accounts that are thought to view advertising.

“There are many millions of active accounts that are not considered ‘mDAU,’ either because they are spam bots, or because Twitter does not believe it can monetize them,” Mr. Zatko’s complaint says. “These millions of non-mDAU accounts are part of the median user’s experience on the platform.”

Twitter has said it has a system for measuring users and spam that entails multiple human reviews of thousands of accounts sampled at random over time.

Mr. Zatko’s complaint said he attempted to formally notify Twitter’s board of his concerns but was steered off by Mr. Agrawal.

In a memo to employees Tuesday about the whistleblower complaint, Mr. Agrawal said: “I know this is frustrating and confusing to read, given Mudge was accountable for many aspects of this work that he is now inaccurately portraying more than six months after his termination.” Mr. Agrawal defended Twitter’s work on privacy and security, while adding that the attention the complaint has brought to the company will make its work harder. “We will pursue all paths to defend our integrity as a company and set the record straight,” he said.

Twitter in 2011 reached an agreement with the Federal Trade Commission to maintain rigorous security, including limiting the number of employees with access to its key security and privacy controls. Mr. Zatko alleges that the company is in violation of that accord. The FTC didn’t respond to a request for comment.

Copies of the complaint were sent to the Senate Judiciary and Intelligence committees, aides of each panel said.

Democrats and Republicans have raised concerns about Twitter and other social-media companies in recent years over how they use and protect customer data, and have considered legislation that could require firms to adhere to certain data transparency or security standards. “If these claims are accurate, they may show dangerous data privacy and security risks for Twitter users around the world,” Sen.

Dick Durbin

(D., Ill.), chairman of the Judiciary Committee, said in a statement.

Corrections & Amplifications
Parag Agrawal is the CEO of Twitter. An earlier version of this article incorrectly spelled his last name as Agarwal. (Corrected on Aug. 23)

Write to Sarah E. Needleman at sarah.needleman@wsj.com

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Avaya’s Collapsing Debt Deal Hits Clients of Goldman, JPMorgan

The two banks sold new loans and bonds for Avaya, a cloud-communications company, in late June. Investors included Brigade Capital Management LP and Symphony Asset Management LLC, people familiar with the matter said.

A few weeks later, Avaya announced that it would miss by more than 60% its previous forecasts for adjusted earnings in the third quarter, which ended June 30. It gave no explanation. The company also said that it would miss revenue targets and announced it was removing its chief executive officer.

Prices of the newly issued debt plummeted, hitting investors who lent Avaya the money with paper losses exceeding $100 million, according to analyst commentary and data from MarketAxess and Advantage Data Inc.

Avaya said Tuesday that it “has determined that there is substantial doubt about the Company’s ability to continue as a going concern.” It also said that the audit committee of the board of directors had opened an internal investigation “to review the circumstances surrounding” the most recent quarter. The committee is also investigating a whistleblower letter, but it didn’t give details.

Avaya also tapped law firm Kirkland & Ellis LLP and turnaround adviser AlixPartners LLP as it considers its options, The Wall Street Journal reported Tuesday.

New CEO

Alan Masarek

held an abbreviated conference call Tuesday to discuss third-quarter earnings and declined to take questions from Wall Street analysts. Mr. Masarek attributed Avaya’s poor performance in part to clients signing up for smaller and shorter software subscription contracts than expected, potentially out of fear about the company’s debt load.

“I understand very clearly that there is disappointment, there’s worry, there’s concern out there across effectively all Avaya stakeholders,” Mr. Masarek said. “I’m going to thank you in advance for your patience… Give us some time to demonstrate a better future.”

Avaya’s 6.125% bond due 2028 fell as low as 48.50 cents on the dollar after the presentation, down from a close of 56.25 cents on Monday, according to data from MarketAxess.

Some analysts were already skeptical of Avaya’s financial forecasts.

“Why [are] your projections always faltering when you report quarterly results? Why can’t you have a stable outlook?” asked

Hamed Khorsand,

an analyst at BWS Financial, after the company’s last quarterly earnings report in May. Avaya undershot that quarter’s adjusted-earnings targets by about 10%.

Avaya’s former CEO Jim Chirico, applauding at the company’s stock listing in 2018, was removed last month.



Photo:

Richard Drew/Associated Press

Then-CEO

Jim Chirico

attributed the fumble to Avaya’s adoption of a new sales strategy that forced the company to recognize revenue more slowly. “We believe we’re over that hurdle,” he said at the time.

Avaya emerged as a telecommunications-equipment supplier to corporations in 2000, when it spun out of Lucent Technologies. Private-equity firms TPG and Silver Lake Partners bought the company in 2007, but it struggled to transition from selling hardware to selling software, and with servicing debt from the buyout. The company filed for bankruptcy protection a decade later before reorganizing. Mr. Chirico took the helm in 2017 and shifted to developing cloud-based software for enterprises.

“Avaya squandered a lot of money and time and has little to show for it,” independent enterprise communications analyst Dave Michels wrote in a recent report. “Many of us have wondered why the board didn’t act sooner—years sooner.”

A spokeswoman for Avaya declined to comment on analysts’ critiques.

The financial crunch hit this spring when Avaya’s cash reserves shrank to $324 million—down from almost $600 million a year earlier, according to company filings. The company tried to raise new debt to refinance a $350 million convertible bond that was coming due in 2023, according to company filings.

Goldman initially proposed a $500 million loan with a 12.6% yield but found few buyers, according to data provider LevFin Insights. The bank ultimately placed a $350 million secured loan yielding 15.5% with investors. Lenders included Symphony, which has invested in Avaya since before its bankruptcy, the people familiar with the matter said.

Avaya approached JPMorgan in late June to raise additional funds, according to one of the people. The bank placed a $250 million secured convertible bond. Investors included Brigade, the people said.

During the marketing process, Avaya executives told lenders that the company was on track to hit its earnings guidance, some of the people familiar with the matter said.

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The company had set Ebitda guidance of about $145 million for the quarter ended June 30 but cut that to between $50 million and $55 million on July 28. (Ebitda refers to earnings before interest, taxes, depreciation and amortization.) Avaya reported $54 million of Ebitda for the quarter on Tuesday, a figure that barely covers the quarterly interest expenses it disclosed in recent earnings reports.

“It is a surprising outcome for a company that priced $600 million of fresh capital…just four weeks ago,” said

Lance Vitanza,

a stock analyst at Cowen Inc. “It may be too late to accomplish much without radically restructuring Avaya’s balance sheet.”

The newly issued loans were quoted around 65 cents on the dollar Tuesday, down from 87 cents in late July, according to Advantage Data. The new convertible bond is likely to trade at similar prices in the near future, Mr. Vitanza said.

Losses have been heavier for owners of Avaya stock, which fell to as low as 82 cents last week from around $2.50 in early July and about $10 at the start of May. Avaya shares fell 46% Tuesday to 61 cents.

Alexander Gladstone and Andrew Scurria contributed to this article.

Write to Matt Wirz at matthieu.wirz@wsj.com

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Deutsche Bank Whistleblower Gets $200 Million Bounty for Tip on Libor Misconduct

A whistleblower whose information helped U.S. and U.K. regulators investigate manipulation of global interest-rate benchmarks by

Deutsche Bank AG

was awarded nearly $200 million for assisting the probe, according to people familiar with the matter.

The payout is the largest ever by the Commodity Futures Trading Commission, which along with the Justice Department and U.K. Financial Conduct Authority settled enforcement actions against Deutsche Bank in 2015.

The CFTC’s announcement didn’t name the bank or the case, but the reward is related to the bank’s manipulation of the London interbank offered rate and similar widely used benchmarks, the people said.

The whistleblower’s application for an award was initially denied by the CFTC, but the U.S. derivatives regulator ultimately decided that the individual’s information was helpful after the whistleblower submitted a request for reconsideration.

“We’re very happy that the CFTC was able to reverse an earlier decision and turn around their thinking,”

David Kovel,

a managing partner at law firm Kirby McInerney LLP who represents the whistleblower. “It says a lot about the people there that they don’t feel forced to stick with the wrong decision given the amount that’s at stake.”

The Wall Street Journal previously reported that the former executive had provided information that helped CFTC and Justice Department investigations that led to roughly $2.5 billion in settlements with Deutsche Bank in 2015, including $800 million with the CFTC. They alleged that the bank manipulated Libor, a benchmark interest rate used to set short-term loans for global banks which traders and other bank employees could manipulate because it was based on oral submissions and not on actual transactions.

“The kind of information he provided was of the sort that was very hard to get if you don’t know where to look in a big financial organization,” Mr. Kovel said.

Rigging Libor was profitable for banks and other market participants because billions of dollars worth of derivatives known as swaps were priced off movements in the benchmark.

A spokesman for Deutsche Bank declined to comment.

The prospect of such a large payout pushed the CFTC whistleblower program into turmoil this year, as agency leaders contended there was no mechanism to pay the former bank executive and other applicants and keep funding the program. The agency averted a crisis after President Biden signed a bill in July to fund the program.

The CFTC investigation had already started by the time the whistleblower approached a separate agency, officials wrote in an order making the award. But the information proved valuable in interviews that authorities conducted as they expanded their probe, according to the order.

Dawn Stump,

a Republican commissioner on the CFTC, said in a statement that she disagreed with basing the award partly on a fine levied by a foreign regulator. Like the CFTC’s announcement, Ms. Stump didn’t name the bank or the underlying case in her statement.

Ms. Stump wrote that the CFTC has never before given an award to a tipster based on an overseas regulator’s enforcement action.

More From Risk & Compliance Journal

“I believe we need to take an especially close look at cases where a whistleblower asks the commission to tap its limited Customer Protection Fund for an award relating to an action by a foreign futures authority to address harm outside the United States,” Ms. Stump wrote.

Thursday’s award is the largest issued to a single person since the 2010 Dodd-Frank financial overhaul law created the programs to help avoid another massive fraud like Bernie Madoff’s Ponzi scheme.

The Securities and Exchange Commission last year issued its biggest whistleblower payment ever of about $114 million to a tipster.

“It’s showing that the CFTC program, like the SEC program, over the past 10 years, has really reached its maturity,” said

Mary Inman,

an attorney representing whistleblowers at law firm Constantine Cannon LLP.

Corrections & Amplifications
The Securities and Exchange Commission last year issued its biggest whistleblower payment ever of about $114 million to a tipster. An earlier version of this article incorrectly said the payment was to two tipsters. (Corrected on Oct. 21)

Write to Mengqi Sun at mengqi.sun@wsj.com and Dave Michaels at dave.michaels@wsj.com

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Who is Facebook whistleblower Frances Haugen?

She’s the biggest thorn in Mark Zuckerberg’s side. 

Facebook whistleblower Frances Haugen publicly revealed her identity on Sunday, accusing her former employer of pushing divisive content for profit and covering up evidence that the tech giant’s products cause harm. 

“Facebook, over and over again, chose to optimize for its own interests, like making more money,” Haugen said in a bombshell “60 Minutes” interview.

After leaving her job at Facebook in May, 37-year-old Haugen leaked a trove of internal Facebook documents to the Wall Street Journal, which used them to publish a series of damning reports last month. Haugen also sent the documents to lawmakers and filed for whistleblower protection with the Securities and Exchange Commission.

One Journal report, about how Facebook’s own research shows Instagram hurts teen girls, prompted a Senate Commerce consumer protection subcommittee hearing last week, where Senators slammed Facebook’s safety chief for failing to protect children.

Frances Haugen, 37, leaked a trove of Facebook documents.CBS

Haugen is set to testify in front of the Senate committee herself on Tuesday, where she will elaborate on the documents and talk about why she believes the government needs to crack down on Facebook, which is already facing a landmark antitrust case from the Federal Trade Commission. 

So who is the woman who’s prompted what may be the biggest crisis in Facebook’s 17-year history? 

Haugen is set to testify in front of the Senate Commerce consumer protection subcommittee on Tuesday.
CBS

A big tech insider

Originally from Iowa, Haugen graduated with degrees in electrical and computer engineering from the Olin College of Engineering outside Boston in 2006. Her first job out of school was at Google, according to her LinkedIn profile, where she helped design algorithms for Google Books. She also worked on Google+, the company’s ill-fated Facebook competitor. 

In 2009, Google paid for Haugen to get a management degree from Harvard Business School. While at Harvard, she co-founded Secret Agent Cupid in 2010, a dating site that eventually became Hinge, according to her LinkedIn.

Haugen then returned to Google in 2011, when was diagnosed with celiac’s disease that left her with severe mobility issues, according to the Wall Street Journal. 

In 2014, Haugen left her job at Google. Shortly afterward, she landed in the ICU with a blood clot in her thigh, the Journal reported. 

While Haugen was recovering from the clot, she hired a family friend to help her with chores and errands. The friend also got sucked into online white nationalist and occult forums, and their friendship eventually deteriorated. 

“It’s one thing to study misinformation, it’s another to lose someone to it,” Haugen told the Journal. “A lot of people who work on these products only see the positive side of things.”

In 2015, Haugen joined Yelp, where she worked on the app’s photo algorithms and launched an integration deal between Yelp and Twitter. The following year, she left Yelp for Pinterest, where she also worked on algorithms, according to her LinkedIn. She left Pinterest in January 2018.

“It’s one thing to study misinformation, it’s another to lose someone to it,” Frances Haugen said.
via REUTERS

‘Civic integrity’

In late 2018, a Facebook recruiter contacted Haugen about a potential job, according to the Journal. She told the company about her experience losing a friend to conspiracy theories and said she wanted to work stopping the spread of misinformation. 

Haugen joined Facebook in June 2019, where she reportedly worked on the company’s 200-person “civic integrity” division, according to the Journal. She and four other new hires were tasked with building a system to track misinformation targeted at specific groups of people in just three months.

The project failed due to inadequate resources, Haugen said. She saw that other civic integrity teams were also understaffed, including the groups responsible for tracking slavery, sex trafficking and organ selling, according to the Journal. 

She reportedly observed that Facebook resisted adding any safety measures that would reduce the amount of time people spent on the company’s platforms.  

“Facebook has realized that if they change the algorithm to be safer, people will spend less time on the site, they’ll click on less ads, they’ll make less money,” Haugen said on 60 Minutes. 

Shortly after the 2020 US Presidential election, the founder of and head of the civic integrity team, Samidh Chakrabarti, told staff he was taking a leave of absence and that Facebook was dissolving the civic integrity team by moving its staff into other divisions, Haugen told the Journal. 

That same day, Haugen allegedly began talking to a Journal reporter through an encrypted messaging app. 

Frances Haugen leaked a trove of Facebook documents, including internal forum posts.
CBS

Gathering documents

In March 2021, Haugen reportedly left her home in California to live in Puerto Rico, where she expected to work for Facebook remotely.

Meanwhile, she read through and copied documents on Facebook’s internal document system, called “Workplace.” Those documents included the studies on misinformation, trafficking and other harmful content that eventually were published by the Journal. 

At the same time, Facebook’s human resources department reportedly told Haugen she wasn’t allowed to work from a US territory. In April, she said she would quit the next month, according to the Journal. 

Facebook reportedly tracks what material employees access on Workplace, so Haugen was afraid of being caught. But she was reportedly able to gather material up until the moment her access was taken away on her last day. 

Frances Haugen had to quit Facebook after the company said she couldn’t work remotely from Puerto Rico.
via REUTERS

Sen. Richard Blumenthal of the Senate Commerce consumer protection subcommittee has said that more of the leaked material will be detailed when Haugen testifies on Tuesday. 

Haugen did not reply to multiple requests for comment. 

Asked for comment on Haugen’s statements and upcoming senate testimony, Facebook spokesman Andy Stone emailed The Post a statement from Lena Pietsch, Facebook’s director of policy communications. 

“Our teams have to balance protecting the ability of billions of people to express themselves openly with the need to keep our platform a safe and positive place,” said Pietsch. “We continue to make significant improvements to tackle the spread of misinformation and harmful content. To suggest we encourage bad content and do nothing is just not true.”

Pietsch also said Facebook has spent $13 billion since 2016 on security and safety since 2016 and currently has 40,000 people working on the issue. 

“Protecting our community is more important than maximizing our profits,” said Pietsch. 

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Brazil hospital chain secretly gave Covid-19 patients unproven drugs, whistleblowers’ lawyer claims

At least nine patients at hospitals operated by Prevent Senior died of Covid-19 while they were unwittingly receiving the experimental treatments, said Bruna Morato, representing 12 anonymous doctors who worked for the health care provider. The company, which also offers private health insurance, has denied all allegations.

Morato alleged that Prevent Senior hospitals were used as “laboratories” for studies with so-called “Covid kit,” containing drugs that have been proven ineffective for the treatment of Covid-19, such as ivermectin and hydroxychloroquine. These studies were allegedly conducted between March and April of 2020.

Patients and relatives were not made aware those drugs were being administered, and Prevent Senior doctors were pressured internally to prescribe and distribute such drugs, Morato also claimed. “Very vulnerable elderly patients were told there was a good treatment, but they did not know they were being used as guinea pigs,” she said.

These and other claims are currently being investigated by the country’s Public Attorney’s office and by the Civil Police of São Paulo.

The parliamentary commission of inquiry (CPI) is investigating the government’s handling of the coronavirus pandemic. President Jair Bolsonaro has been widely criticized at home and abroad for playing down the severity of the virus, discouraging vaccination and mask use, and promoting the unproven drugs.

After the alleged studies in March and April of 2020, Prevent Senior began giving the “Covid kit” to patients as a cost-cutting strategy, Morato claimed. “According to reports from the doctors, it was much cheaper to make a set of medications available to patients than to hospitalize these patients,” she said.

Asked by Sen. Renan Calheiros why doctors prescribed the kits to patients despite lack of evidence of their effectiveness, Morato said that noncompliant doctors faced “reprisal,” “punishments” and even firing. “It reached such a regrettable point (…) that the physicians on duty delivered the (Covid) kit to the patients and said: “I need to give it to you (the kit), because if I don’t deliver it, I will be fired,'” Morato told the CPI.

In a statement sent to CNN, the company denied all accusations and said it was the target of defamation.

“Prevent Senior denies the accusations and repudiates lying allegations anonymously filed with Covid’s CPI and the press,” it said. “The lawyer’s testimony to the CPI today confirms that these are unfounded accusations, which are based on truncated or edited messages leaked to the press and will be dismantled throughout the investigations.”

Morato also claimed that Prevent Senior had established a relationship with doctors and specialists who were advising the federal government, with the intention of shielding the trials from scrutiny. “Prevent Senior was confident that it would not be inspected by the Ministry of Health or other related bodies,” she said.

The Health Ministry did not respond to CNN’s request for comment.

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