Case 1:22-cv-05187-JGK Document 11 Filed 01/09/23 Page 1 of 3
`U.S. Department of Justice
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`United States Attorney
`Southern District of New York
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`86 Chambers Street, 3rd Floor
`New York, NY 10007
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`January 9, 2023
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`BY ECF
`The Hon. John G. Koeltl
`United States District Judge
`Daniel Patrick Moynihan
`United States Courthouse
`Southern District of New York
`500 Pearl Street
`New York, NY 10007
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`Re: United States v. Meta Platforms, Inc. f/k/a Facebook, Inc.,
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`22 Civ. 5187 (JGK)
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`Dear Judge Koeltl:
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`This Office represents the United States of America (the “Government”) in the above-
`referenced action. We write respectfully on behalf of both parties, pursuant to paragraph 5 of the
`Settlement Agreement and Final Judgment entered in this case on June 27, 2022, Dkt. No. 7 (the
`“Settlement Agreement”), and the Court’s December 30, 2022, Order, Dkt. No. 10, to respectfully
`advise the Court that the parties have reached agreement on the VRS Compliance Metrics and
`therefore the term of the Settlement Agreement will be the Extended Term, ending on June 27,
`2026.1
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`The Settlement Agreement provides, among other things, that Meta will build a Variance
`Reduction System (“VRS”) to reduce variances in the delivery of housing ads that the United
`States alleges are introduced by Meta’s ad delivery system, for sex and estimated race/ethnicity.
`See Settlement Agreement ¶ 10(a). Pursuant to paragraph 10(b), the parties were required to meet
`and confer by December 16, 2022 “in good faith in an effort to agree on metrics for how much the
`VRS will reduce any variances” (“VRS Compliance Metrics”). Id. ¶ 10(b). If the parties reached
`agreement on those metrics: (1) Meta would implement the VRS by December 31, 2022 (“VRS
`Implementation Date”), id. ¶ 10(d); and (2) the parties would file a joint notice with the Court by
`December 31, 2022, and the term of the Settlement Agreement would extend from an initial term,
`ending on December 31, 2022 (“Initial Term”), through an extended term (“Extended Term”),
`ending on June 27, 2026, id. ¶ 5.
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`As the parties advised the Court by letter on December 29, 2022, the parties met and
`conferred and reached an agreement in principle on the VRS Compliance Metrics. The parties
`requested, and the Court granted, an extension until January 9, 2023, to file the joint notice required
`by paragraph 5; an extension of the Initial Term through January 9, 2023; and a corresponding
`extension of the VRS Implementation Date to January 9, 2023. Dkt. No. 10.
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`1 Capitalized terms are those defined in the Settlement Agreement, ¶¶ 3 & 10.
`1
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`Case 1:22-cv-05187-JGK Document 11 Filed 01/09/23 Page 2 of 3
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`Letter to the Hon. John G. Koeltl
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`The parties have reached final agreement on the VRS Compliance Metrics and therefore
`the term of the Settlement Agreement shall be the Extended Term, ending on June 27, 2026.
`During the Extended Term, the VRS Compliance Metrics will be as follows for Housing
`Advertisements with US Ad Impressions, and variances will be measured using the Earth Mover’s
`Distance (“EMD”), otherwise known as the Wasserstein Metric:
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`For Housing Advertisements with more than 1,000 Ad Impressions, which constitute the
`vast majority of Housing Advertisements on Meta Platforms, the VRS will reduce
`variances as follows:2
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`•
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`•
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` Variance
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`≤10%
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`≤5%
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`≤10%
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`≤5%
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`Sex
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`Estimated
`Race/
`Ethnicity
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`Coverage
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`By April 30, 2023
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`By August 31, 2023
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`By December 31, 2023
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`82.6%
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`73.2%
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`72.2%
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`54.3%
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`87.2%
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`79.1%
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`76.1%
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`57.5%
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`91.7%
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`84.5%
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`81.0%
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`61.0%
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`For all Housing Advertisements with at least 300 Ad Impressions, the VRS will reduce
`variances as follows:
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`Sex
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`Estimated
`Race/
`Ethnicity
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`Variance
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`By April 30, 2023
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`By August 31, 2023
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`By December 31, 2023
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`≤10%
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`≤5%
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`≤10%
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`80.6%
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`68.5%
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`69.7%
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`≤5%
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`48.5%
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`84.8%
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`73.4%
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`74.0%
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`52.6%
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`90.2%
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`78.3%
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`80.1%
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`56.8%
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`2 As noted in the Settlement Agreement, measurements for estimated race/ethnicity will be based on
`information estimating race/ethnicity using a privacy-enhanced version of the Bayesian Improved Surname
`Geocoding (“BISG”) methodology. This use will be limited to aggregate measurements and subject to
`privacy protections to prevent individual identification. See id. ¶ 10(a)(v).
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`Case 1:22-cv-05187-JGK Document 11 Filed 01/09/23 Page 3 of 3
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`Letter to the Hon. John G. Koeltl
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`In sum, because the parties have reached agreement on the VRS Compliance Metrics, the
`term of the Settlement Agreement will be the Extended Term, ending on June 27, 2026.
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`Thank you for your consideration of this matter.
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`Sincerely,
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` DAMIAN WILLIAMS
`United States Attorney
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`By:
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`Cc: All Counsel by ECF
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`/s/ Ellen Blain
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`ELLEN BLAIN
`DAVID J. KENNEDY
`CHRISTINE S. POSCABLO
` Assistant U.S. Attorneys
`Tel.: (212) 637-2743
`E-mail:
`ellen.blain@usdoj.gov
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