> They claim that “according to their ongoing reviews and subjective numbers” less than 5% of accounts they qualify as an monetizeable user are “false or spam”.
Yes, it's just a short version for the sake of the discussion.
Let's just say this number is not 5%. It's 30% when evaluated by an independent third party.
Other comments claim that this number can be 90% 80% and it wouldn't matter. Twitter would be relieved of all responsibilities because they said it was "subjective".
This is where I disagree.
> You’d also have to show that Twitter knew that their process and judgement were flawed to the point of deliberately being deceptive.
This is where the discovery comes from. You'd imagine it is impossible, but it's not. It may be still hard, sure, but not impossible.
Twitter would be requested to open up all emails/docs for discovery to both sides of lawyers.
Twitter has 8000 employees(?). You can bet there will be at least one person pointing out in the email/doc that "hey, our approach of evaluating numbers doesn't look right, and here's why....". Then, that person has been ignored.
Twitter would be requested to open up data for discovery for third parties to investigate.
Coming up with a number like this will inevitably have multiple valid approaches. An independent third party can easily pick a more conservative approach (because you are supposed to err on the side of less attractive when reporting earnings). Then, pairing this with Twitter execs ignoring that one concern from employee can result in a really bad situation for execs.
Apart from that, opening up emails like this would incriminate a lot of other unrelated stuffs like employees know about Russian bots that swayed the election results, employees know about fake news but not doing anything about it.