Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 1 of 67
`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 1 of 67
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`EXHIBIT 5
`EXHIBIT 5
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`IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
`IN AND FOR THE COUNTY OF KING
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`vs.
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`PARLER LLC,
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`AMAZON WEB SERVICES, INC., and
`AMAZON.COM, INC.,
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`Plaintiff,
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`Defendants.
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`Case No. __________________________
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`COMPLAINT
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`(JURY TRIAL REQUESTED)
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`NATURE OF ACTION
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`1.
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`Defendants Amazon.com, Inc. (Amazon) and its subsidiary Amazon Web Services,
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`Inc. (AWS) are commercial Goliaths. Amazon is the fourth most valuable company in the world
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`with a worth of nearly $1.7 trillion, about the annual GDP of Russia. Amazon is also the largest of
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`the Big Five “Big Tech” companies in the United States and has the fourth largest share of the
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`global internet advertising market. And Amazon Web Services, Inc. (AWS) is the world’s leading
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`cloud service provider, capturing nearly a third of the global market. See Felix Richter, Amazon
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`Leads
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`$130-Billion
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`Cloud
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`Market,
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`STATISTA
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`(Feb.
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`4,
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`2021),
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`https://www.statista.com/chart/18819/worldwide-market-share-of-leading-cloud-infrastructure-
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`service-providers/. AWS generates tens of billions of dollars in revenue annually for Amazon. Id.
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`COMPLAINT - 1
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`FILED
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`2021 MAR 02 04:27 PM
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`KING COUNTY
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`SUPERIOR COURT CLERK
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`E-FILED
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`CASE #: 21-2-02856-6 SEA
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`

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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 3 of 67
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`And, when companies are this big, it’s easy to be a bully. Many start-up companies that have
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`appeared to be a threat to Amazon and AWS have felt their wrath. Plaintiff Parler LLC is merely
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`the latest casualty—a victim of Amazon’s efforts to destroy an up-and-coming technology
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`company through deceptive, defamatory, anticompetitive, and bad faith conduct.
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`2.
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`Before the actions complained of here, Plaintiff Parler LLC had one of the hottest
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`rising apps on the internet. A young start-up company that sought to disrupt the digital advertising
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`and microblogging markets with a unique approach, Parler positioned itself as an alternative to the
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`likes of Twitter or Facebook. To do so, Parler did not employ what some have called “surveillance
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`capitalism”: Unlike its social-media competitors, Parler refused to track and sell its users’ private
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`data and target advertising based on that data. This made Parler a beacon to those who sought a
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`free and safe place to espouse political and other views that other microblogging and social media
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`platforms sought to censor. And it allowed Parler to offer lower rates to digital advertisers.
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`3.
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`But this rising popularity and alternative business model also made Parler a
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`competitive threat to the likes of Amazon, Twitter, Facebook, and Google—four giants of the
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`internet who derive enormous revenue from digital advertising. And that threat grew very real in
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`late 2020 and early 2021 when Parler was poised to explode in growth. So together, Amazon,
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`AWS, and others attempted to kill Parler. See Glenn Greenwald, How Silicon Valley, in a Show of
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`Monopolistic
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`Force,
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`Destroyed
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`Parler,
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`SUBSTACK
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`(Jan.
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`12,
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`2021),
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`https://greenwald.substack.com/p/how-silicon-valley-in-a-show-of-monopolistic.
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`4.
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`On January 9, 2021, AWS repudiated and breached its contract to host Parler’s
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`website and app on AWS’s cloud services, in bad faith. AWS tried to justify the repudiation based
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`on allegations against Parler that AWS knew were false. AWS then leaked the same false
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`allegations to the media, in a successful effort to tarnish and defame Parler’s business.
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`5.
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`These strongarm tactics were unlawful and tortious. They were also surprising to
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`Parler: It had a good relationship with AWS with no signs of trouble until about a day before AWS
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`COMPLAINT - 2
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 4 of 67
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`terminated Parler’s services. The reason AWS gave for terminating Parler’s services—that Parler
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`ostensibly was not pursuing appropriate methods to control the content espousing violence on its
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`platform—was untrue. Indeed, Parler stood in sharp contrast to the likes of Twitter, Facebook,
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`and even Amazon itself, all of whom host substantial amounts of violence-inciting content.
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`6.
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`Further, there was nothing new about the operation and content of Parler’s platform
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`the day AWS announced it would be terminating Parler’s services (in roughly 24 hours) compared
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`to anytime in the two years AWS had been hosting Parler. Then, as before, Parler quickly removed
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`any arguably inappropriate content brought to its attention. And never during those two years
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`before that fateful day had AWS expressed any major concerns with Parler regarding the matter.
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`In fact, just two days before the termination announcement, AWS had assured Paler that it was
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`“okay” as to problematic content. Parler relied on this representation and similar representations
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`from AWS, to the detriment of its own business.
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`7.
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`Finally, from the beginning of their contractual relationship, AWS had known that
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`Parler used a reactive system to deal with problematic content—and not once had AWS said that
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`such a system was insufficient or in violation of the parties’ contract. What is more, AWS knew
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`that Parler was testing out a new proactive system that would catch problematic content before it
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`was even posted.
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`8.
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`But two things had changed for AWS. First, a few weeks before terminating
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`Parler’s services, AWS had signed a major new contract with Parler’s principal competitor,
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`Twitter. Second, when Facebook and Twitter moved to ban former President Trump from their
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`platforms in early January, it was expected that Trump would move to Parler, bringing many of
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`his 90 million followers with him. And AWS knew that Trump and Parler had been in negotiations
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`over such a move. If this were to materialize, Parler would suddenly be a huge threat to Twitter in
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`the microblogging market, and to Amazon itself in the digital advertising market.
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`COMPLAINT - 3
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 5 of 67
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`9.
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`Thus, AWS pulled Parler’s plug. And to further kick Parler while it was down, after
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`it had terminated the contract, AWS directed hackers to Parler’s back-up databases and has been
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`secretly selling Parler user data to anyone with a certain type of Amazon account.
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`10.
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`Because of these actions, Parler was unable to be online for over a month. And even
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`as of the date of this complaint, Parler has been unable to regain the reputation and success it
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`enjoyed before AWS terminated its services. Not surprisingly, when an internet-based company
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`cannot get on the internet, the damage is extraordinary. And when confidential user data is hacked
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`or sold to others, the company suffers enormous reputational damage.
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`11.
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`Just before all this occurred, Parler was about to seek funding and was valued at
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`one billion dollars—something AWS also knew. As a result of the unlawful actions of Amazon
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`and AWS, Parler has permanently lost tens of millions of current and prospective future users—
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`many of whom have migrated to other platforms—and hundreds of millions of dollars in annual
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`advertising revenue. Parler therefore brings this suit for multiple violations of Washington’s
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`contract, tort, unfair-competition, and consumer protection laws.
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`II.
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`PARTIES, JURISDICTION, AND VENUE
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`A. Parties
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`12.
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`Parler is “the solution to problems that have surfaced in recent years due to changes
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`in Big Tech policy influenced by various special-interest groups.” Our Company, PARLER.COM
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`(Feb. 15, 2021, 5:45 AM), https://company.parler.com. Thus, “Parler is built upon a foundation of
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`respect for privacy and personal data, free speech, free markets, and ethical, transparent corporate
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`policy.” Id.
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`13.
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`On information and belief, Amazon.com, Inc., is a corporation incorporated in
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`Delaware and has a principal place of business in Seattle, Washington. On information and belief,
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`Amazon.com, Inc., is the ultimate parent company of the other companies that make up “Amazon,”
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`including AWS. Amazon is considered to be the world’s most valuable brand. See Accelerated
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`COMPLAINT - 4
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 6 of 67
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`
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`Growth Sees Amazon Crowned 2019's BrandZ™ Top 100 Most Valuable Global Brand, PR
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`NEWSWIRE (June 11, 2019), https://www.prnewswire.com/news-releases/accelerated-growth-
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`sees-amazon-crowned-2019s-brandz-top-100-most-valuable-global-brand-300863486.html.
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`14.
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`On information and belief, Amazon Web Services, Inc., is a corporation
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`incorporated in Delaware and has a principal place of business in Seattle, Washington. According
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`to its own press release, “[f]or 14 years, [AWS] has been the world’s most comprehensive and
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`broadly adopted cloud platform.” Twitter Selects AWS as Strategic Provider to Serve Timelines,
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`Press Center, ABOUT AMAZON, (Dec. 15, 2020), https://press.aboutamazon.com/news-
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`releases/news-release-details/twitter-selects-aws-strategic-provider-serve-timelines. That is why
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`“[m]illions of customers—including the fastest-growing startups, largest enterprises, and leading
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`government agencies—trust AWS to power their infrastructure, become more agile, and lower
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`costs.” Id. In short, AWS is the Cadillac of cloud platform providers. And “[t]he incident [of AWS
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`terminating Parler’s service] demonstrates the type of power that Amazon wields almost uniquely
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`because so many companies rely on it to deliver computing and data storage.” Jordan Novet,
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`Parler’s de-platforming shows the exceptional power of cloud providers like Amazon, CNBC
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`(Jan. 16, 2021), https://www.cnbc.com/2021/01/16/how-parler-deplatforming-shows-power-of-
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`cloud-providers.html.
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`B. Jurisdiction & Venue
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`15.
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`The Superior Court of the State of Washington in and for the County of King has
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`jurisdiction over this dispute. AWS resides and conducts business in King County, Washington.
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`AWS has therefore submitted to this Court’s jurisdiction, and venue is proper pursuant to RCW
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`4.12.020(3).
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`COMPLAINT - 5
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`

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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 7 of 67
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`III.
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`FACTS
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`A. The Parler Platform
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`16.
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`Parler’s platform is not like Amazon’s, Twitter’s or Facebook’s platforms. Twitter
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`and Facebook gather data on their users and sell it.1 These tech giants also employ targeted
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`advertising by leveraging user data, something they can charge advertisers more for. See Stigler
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`Center for the Study of the Economy and the State, The University of Chicago Booth School of
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`Business, Stigler Committee
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`on Digital Platforms: Final Report
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`(2019)
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`8,
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`https://www.chicagobooth.edu/research/stigler/news-and-media/committee-on-digital-platforms-
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`final-report, (“[Digital Platforms, such as Facebook, Twitter, Google, and Amazon,] can increase
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`the prices paid by advertisers, many of them small businesses, diverting more and more income to
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`platforms.”). Further, Twitter and Facebook use Artificial Intelligence (AI) to direct users to other
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`like-minded users. Similarly, users can form groups on Facebook and Twitter that make it easier
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`to communicate with those who see the world the same. This enables these social media platforms
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`to use targeted advertising, something they can charge more for. But these features also create echo
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`chambers and make it easy to encourage and facilitate group activity. See Murtaza Hussain, How
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`to Understand
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`the Rage Economy, THE
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`INTERCEPT
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`(Feb. 13, 2021, 6:00 AM),
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`https://theintercept.com/2021/02/13/news-rage-economy-postjournalism-andrey-mir/,
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`(“Facebook’s algorithmically generated news feeds meanwhile have the lucrative advantage of
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`always knowing exactly what people want to hear and driving their engagement accordingly,
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`something that is only now bringing the company under regulatory threat for fostering
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`extremism.”). And that is by design.
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`17.
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`By design, Parler is different. For example, how one experiences Parler is a function
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`of one’s individual choices, not driven by AI. So Parler does not encourage its users to see and
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`1 See, e.g., Dina Srinivasan, “The Antitrust Case Against Facebook: A Monopolist’s Journey Towards
`Pervasive Surveillance in Spite of Consumers’ Preference for Privacy,” 16 Berkeley Business Law Journal
`39 (2019).
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`COMPLAINT - 6
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
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`

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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 8 of 67
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`interact with like-minded folks. Similarly, there is no way to organize into groups on Parler,
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`making the coordination of group activity very difficult. And Parler does not gather data on its
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`users and sell it. In other words, Parler does not use surveillance of its users to make money. As
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`Parler tells its users: “We never share or sell data. Privacy is our #1 concern. Your personal data
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`is YOURS.” And Parler does not engage in targeted advertising, meaning it can charge less to
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`advertisers. This makes Parler a threat to the surveillance capitalism of Amazon, Twitter, Google,
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`and Facebook by potentially luring away advertisers and users interested in greater privacy. See
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`Casey B. Mulligan, Parler Competes Horizontally with Amazon, Apple, and Google?, Supply and
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`Demand (In
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`that Order), CASEYMULLIGAN.BLOGSPOT.COM (Jan. 13, 2021, 8:47 AM),
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`http://caseymulligan.blogspot.com/2021/01/parler-competes-horizontally-with.html (“If too many
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`internet users hear and buy into this rhetoric, the incumbent harvesters of personal data—including
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`especially Amazon, Apple, Google, Twitter, and Facebook—will pay more (perhaps in kind) and
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`profit less. From this perspective, AWS’ action [of terminating Parler’s services] looks like
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`McDonald’s severing the electric lines going into Subway [sandwich] locations at a time when
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`Subway was just gaining traction.”).
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`18.
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`As to how Parler works, a post on Parler, called a “parley” (and equivalent to a
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`“tweet” on Twitter) is content that can be shared with others. Likewise, an “echo” with comment
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`can also be shared with others—it is the equivalent to a retweet with comment. Both a parley and
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`an echo with comment will go out to a person’s followers. However, on Parler one cannot share a
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`comment to a parley with others. This is unlike Twitter, for instance, where one can share a
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`comment on a tweet by retweeting it.
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`19.
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`Further, to directly message someone requires that one be verified by Parler, unlike
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`on Twitter or Facebook. Thus, on Parler a user must upload a selfie and their identification,
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`generally a driver’s license, to be a verified user capable of directing a message to another Parler
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`user. On Twitter, by contrast, anyone can send direct private messages.
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`COMPLAINT - 7
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
`
`

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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 9 of 67
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`20.
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`Also, on Parler there is a difference between impressions and views. The latter is a
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`very small percentage of the former. Thus, if one is following another individual on Parler and that
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`other user posts a parley, that parley will show up in one’s feed and be counted as an impression
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`without the recipient ever actually looking at the parley. If one does then look at the parley, it will
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`be counted as a view.
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`21.
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`Parler’s internal data show that users are on Parler about 22-28 minutes a day, on
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`average, spread over multiple sessions. Thus, when there are hundreds of comments on a parley,
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`few people spend the time to read through all the comments.
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`22.
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`Given all of this, the only way for something posted on Parler to get a lot of
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`attention, and thus possibly have influence, is if it is posted by someone with a lot of followers.
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`23.
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`Since its inception, Parler has carefully policed any content on its platform that
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`incited violence. It has had in place community standards that expressly disallow users from
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`posting such content. And as soon as such content is brought to Parler’s attention, a team assesses
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`the flagged content and votes to remove it if it indeed does incite violence.
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`B. Amazon, Twitter & Facebook Allow Content Promoting Violence
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`24. Many social media platforms have increasingly struggled with their inability to
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`completely block content that promotes violence, but especially Twitter, Amazon, and Facebook.
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`25.
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`For example, on January 8, 2021, the day before AWS announced it was
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`terminating Parler’s service, one of the top trends on Twitter was “Hang Mike Pence,” with over
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`14,000 tweets. See Peter Aitken, ‘Hang Mike Pence’ Trends on Twitter After Platform Suspends
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`Trump
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`for Risk
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`of
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`‘Incitement
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`of Violence’, FOX NEWS
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`(Jan.
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`9,
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`2021),
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`https://www.foxnews.com/politics/twitter-trending-hang-mike-pence. And earlier that week, a
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`Los Angeles Times columnist observed that Twitter and other large social media platforms bore
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`some responsibility for the Capitol Hill riot by allowing rioters to communicate and rile each other
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`up. See Erika D. Smith, How Twitter, Facebook are Partly Culpable for Trump DC Riot, LOS
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`COMPLAINT - 8
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`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
`
`

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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 10 of 67
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`ANGELES
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`TIMES
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`(Jan.
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`6,
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`2021,
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`updated
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`Jan.
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`7,
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`2021,
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`8:48 AM),
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`https://www.latimes.com/california/story/2021-01-06/how-twitter-facebook-partly-culpable-
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`trump-dc-riot-capitol. As previously noted, such coordination would not have been possible on
`
`Parler.
`
`26.
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`Violence-inciting material has also continued to circulate on Twitter after AWS
`
`pulled Parler’s plug, with such posts receiving wide play. For instance, noted critic of President
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`Trump, Alec Baldwin, tweeted recently that he had had a dream that the ex-president was on trial
`
`for sedition and a noose awaited him outside the courthouse. See Andrew Mark Miller, Alec
`
`Baldwin tweets about ‘dream’ of noose at Trump’s ‘trial for sedition’ on MLK’s birthday,
`
`WASHINGTON
`
`EXAMINER
`
`(Jan.
`
`17,
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`2021,
`
`11:13
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`AM),
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`https://www.washingtonexaminer.com/news/baldwin-trump-sedition-trial-noose-mlk. At the time
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`a screenshot was taken for a news story, it had over 1,000 likes. On January 20, the daughter of
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`the late Iranian general and terrorist Qasem Soleimani, who was killed in a U.S. missile strike
`
`ordered by President Trump, tweeted a threat that Trump will “live[] in fear of foes” indefinitely.
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`A screenshot taken within 24 hours showed nearly five thousand likes and two thousand people
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`tweeting about it. See Frances Martel, Daughter of Iranian Terrorist Soleimani Tells Trump He
`
`Will “Live
`
`in Fear,” BREITBART
`
`(Jan. 21, 2021), https://www.breitbart.com/middle-
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`east/2021/01/21/daughter-iranian-terrorist-soleimani-tells-trump-he-will-live-fear/.
`
`On
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`January 21, a New York Times contributor tweeted that “If Biden really wanted unity, he’d lynch
`
`Mike Pence.” See Joseph A. Wulfsohn & Samuel Chamberlain, New York Times Contributor Loses
`
`Think Tank Job Over Tweet Suggesting Biden Should ‘Lynch Mike Pence,’ FOX NEWS (Jan. 21,
`
`2021), https://www.foxnews.com/media/will-wilkinson-lynch-mike-pence-niskanen-center-ny-
`
`times.
`
`27.
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`This type of violent content on Twitter is not new. On election night in 2020, Kathy
`
`Griffin reposted on Twitter a picture of her holding a fake, bloodied head of then-President Trump.
`
`COMPLAINT - 9
`
`
`
`
`
`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
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`
`

`

`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 11 of 67
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`See Tyler McCarthy, Kathy Griffin, Madonna and Robert De Niro Mentioned By Name During
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`Trump’s
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`Second
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`Impeachment
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`Hearings,
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`FOX NEWS
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`(Jan.
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`14,
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`2021),
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`https://www.foxnews.com/entertainment/kathy-griffin-madonna-robert-de-niro-name-trump-
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`impeachment. The tweet received more than 58,000 likes in less than 48 hours, with Twitter only
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`flagging the tweet as “potentially sensitive content.” What is more, the hashtags #assassinatetrump
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`and #killtrump have been allowed on Twitter since 2016. And the former CEO of Twitter tweeted
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`that “Me-first capitalists who think you can separate society from business are going to be the first
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`people lined up against the wall and shot in the revolution. I’ll happily provide video commentary.”
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`Abram Brown, Some Business Leaders Should Face a Firing Squad, Former Twitter CEO Dick
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`Costolo
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`Suggests
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`In
`
`Angry
`
`Tweet,
`
`FORBES
`
`(Oct.
`
`1,
`
`2020),
`
`https://www.forbes.com/sites/abrambrown/2020/10/01/some-business-leader-should-face-a-
`
`firing-squad-former-twitter-ceo-dick-costolo-suggests-in-angry-tweet/?sh=7c8af97b9486.
`
`28.
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`Additionally, recently a lawsuit was filed against Twitter, alleging that it “refused
`
`to take down widely shared pornographic images and videos of a teenage sex trafficking victim
`
`because [its] investigation ‘didn’t find a violation’ of the company’s ‘policies.’” After multiple
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`complaints were filed with Twitter, and after the material had “racked up over 167,000 views and
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`2,223 retweets,” Twitter responded that “[w]e’ve reviewed the content, and didn’t find a violation
`
`of our policies, so no action will be taken at this time.” It took a federal agent from the Department
`
`of Homeland Security to remove the material from Twitter. See Gabrielle Fonrouge, Twitter
`
`Refused to Remove Child Porn Because It Didn’t ‘Violate Policies’: Lawsuit, NEW YORK POST
`
`(Jan. 21, 2021, 10:35 AM), https://nypost.com/2021/01/21/twitter-sued-for-allegedly-refusing-to-
`
`remove-child-porn/.
`
`29.
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`Further, as is well documented, some groups “use[] Twitter to threaten or harass
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`media members.” Jason Rantz, Here’s how Antifa uses Twitter to threaten me and the media, FOX
`
`NEWS (Feb. 6, 2021), https://www.foxnews.com/opinion/antifa-twitter-media-jason-rantz. Yet
`
`COMPLAINT - 10
`
`
`
`
`
`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 12 of 67
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`
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`these egregious violations of AWS’s terms of service by Twitter have apparently been ignored by
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`AWS. AWS has agreed to host Twitter on its cloud services at the same time as it has shut down
`
`Parler.
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`30.
`
`Amazon itself also hosts significant amounts of content that incite violence,
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`particularly on its own online store. For example, Amazon allowed people on its site to buy a t-
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`shirt that states “Kill All Republicans,” a listing that was even sponsored by Amazon. Or one could
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`have bought on Amazon a t-shirt with a graphic image of former President Trump blowing his
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`brains out. Likewise, Amazon long sold anti-Trump paraphernalia with the message, “Where is
`
`Lee Harvey Oswald now that we really need him?” As Newsweek has pointed out, the Neo-Nazi
`
`shirts worn by Proud Boys supporters are sold on Amazon. See Ewan Palmer, Neo-Nazi Shirts
`
`Worn by Proud Boys Supporters Sold on Amazon, NEWSWEEK (Dec. 12, 2020, 11:14 AM),
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`https://www.newsweek.com/nazi-amazon-proud-boys-holocaust-1555192. At one time, Amazon
`
`allowed shoppers to purchase Auschwitz-themed towels, bottle openers, or Christmas ornaments.
`
`Similarly, Amazon shoppers could buy Nazi propaganda, such as an anti-Semitic children’s book
`
`written by a member of the Nazi Party later executed for his crimes against humanity, or Hitler’s
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`Mein Kampf. In fact, so common is such material on Amazon that is has been condemned by The
`
`Council on American-Islamic Relations for selling white supremacist material. Amazon defended
`
`selling such materials based on concerns about censorship. See Ewan Palmer, Auschwitz Musuem
`
`Calls Out Jeff Bezos, Amazon For Selling Nazi Propaganda, NEWSWEEK (Feb. 2, 2021, 10:58
`
`AM), https://www.newsweek.com/amazon-nazi-books-jeff-bezos-propoganda-1488467. And
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`crime rings have used Amazon to sell stolen goods. See Kevin Krause, North Texas Feds Say
`
`Crime Ring Traveled U.S. to Steal Retail Goods and Sell On Amazon, THE DALLAS MORNING
`
`NEWS (Mar. 17, 2020, 11:32 AM), https://www.dallasnews.com/news/crime/2020/03/17/north-
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`texas-feds-say-crime-ring-traveled-us-to-steal-retail-goods-and-sell-on-amazon/.
`
`COMPLAINT - 11
`
`
`
`
`
`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
`
`

`

`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 13 of 67
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`31.
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`The material being sold on Amazon that promotes violence is legion. And while
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`Amazon sometimes pulls some of this material, it is still up for some time, often until someone
`
`outside of Amazon brings it to Amazon’s attention, causing the Auschwitz Memorial Museum to
`
`comment that “it appears people are taking upon themselves the job that Amazon should be doing:
`
`‘verifying the products that are uploaded there.’” Nelson Oliveira, Amazon called out for
`
`Auschwitz-themed towel, bottler [sic] opener, Christmas ornaments listed on website, NEW YORK
`
`DAILY NEWS (Dec. 2, 2019, 5:08 PM), https://www.nydailynews.com/news/national/ny-
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`auschwitz-merchandise-caught-on-amazon-website-20191202-2nvjbuxj7neo7oxapq6r7pedvq-
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`story.html. Thus, for Amazon to accuse Parler of failing to police violence-inciting material is
`
`worse than the pot calling the kettle black. It is a transparent subterfuge.
`
`32.
`
`Nor is Facebook immune. It knew it had problems with violent content on forums
`
`for like-minded users called “Groups.” See Jeff Horwitz, Facebook knew calls for violence plagued
`
`‘Groups,’ now plans overhaul, THE WALL STREET JOURNAL (Jan. 31, 2021, 5:16 PM),
`
`https://www.wsj.com/articles/facebook-knew-calls-for-violence-plagued-groups-now-plans-
`
`overhaul-11612131374. Last August, Facebook data scientists warned the company’s executives
`
`that “calls to violence were filling the majority of the platform’s top ‘civic’ Groups.” Id. (emphasis
`
`added). “Those Groups are generally dedicated to politics and related issues and collectively reach
`
`hundreds of millions of users.” Id. For example, “‘enthusiastic calls for violence every day’ filled
`
`one 58,000-member Group.” Id. And “[i]n the weeks after the election, many large Groups—
`
`including some named in the August presentation—questioned the results of the vote, organized
`
`protests about the results and helped precipitate the protests that preceded the Jan. 6 riot.” Id.
`
`33.
`
`In fact, in a review of the charging documents of the 223 individuals under
`
`investigation by the Department of Justice for the January 6 riot, it was disclosed that 73 of those
`
`documents reference Facebook—“far more references than other social networks”—with Google-
`
`owned YouTube “the second most-referenced on 24,” and “Instagram, a Facebook-owned
`
`COMPLAINT - 12
`
`
`
`
`
`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
`
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 14 of 67
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`
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`company, was next on 20 [charging documents].” Thomas Brewster, Sheryl Sandberg Downplayed
`
`Facebook’s Role in the Capitol Hill Siege—Justice Department Files Tell a Very Different Story,
`
`FORBES
`
`(Feb. 7, 2021), https://www.forbes.com/sites/thomasbrewster/2021/02/07/sheryl-
`
`sandberg-downplayed-facebooks-role-in-the-capitol-hill-siege-justice-department-files-tell-a-
`
`very-different-story/?sh=273624c710b3. The “data does strongly indicate Facebook was [the]
`
`rioters’ . . . preferred platform.” Id. And Facebook has known its content moderation efforts were
`
`“grossly inadequate” for some time. Chris O’Brien, NYU study: Facebook’s content moderation
`
`efforts are
`
`’grossly
`
`inadequate’, VENTURE BEAT
`
`(June 7, 2020, 9:01 PM),
`
`https://venturebeat.com/2020/06/07/nyu-study-facebooks-content-moderation-efforts-are-
`
`grossly-inadequate/.
`
`34.
`
`Facebook’s abject failure to police such content was confirmed in a 2020 survey by
`
`the Anti-Defamation League, which discovered that of the people who had suffered online hate
`
`and harassment, 77 percent reported that at least some of their harassment occurred on Facebook,
`
`27 percent reported experiencing harassment or hate on Twitter, 18 percent on Google-owned
`
`YouTube, and 17 percent on Facebook-owned Instagram. See ANTI-DEFAMATION LEAGUE, Online
`
`Hate
`
`and
`
`Harassment:
`
`The
`
`American
`
`Experience
`
`2020
`
`14
`
`(2020),
`
`https://www.adl.org/media/14643/download. Parler was not listed in the survey results. Because
`
`of these findings, the Anti-Defamation League gave Facebook (including Instragram) a “D” grade
`
`for its policies and enforcement, Twitter a “C,” and Google-owned YouTube a “C.” See ANTI-
`
`DEFAMATION LEAGUE, Online Holocaust Denial Report Card: An Investigation of Online
`
`Platforms’ Policies and Enforcement, https://www.adl.org/holocaust-denial-report-card.
`
`35.
`
`Given the problems with violent content on Amazon, Facebook, Google, Twitter,
`
`and other websites and apps, it is simply not accurate to suggest that Parler had or has a
`
`disproportionately large problem with such content. Nor can AWS’s explanations for taking down
`
`COMPLAINT - 13
`
`
`
`
`
`LAW OFFICES
`CALFO EAKES LLP
`1301 SECOND AVENUE, SUITE 2800
`SEATTLE, WASHINGTON 98101
`TEL, (206) 407-2200 FAX, (206) 407-2224
`
`
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`Case 2:21-cv-00270 Document 1-5 Filed 03/03/21 Page 15 of 67
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`
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`Parler hold water. The stated reasons were pretextual, designed to conceal AWS’s true motives for
`
`cancelling Parler, which were to crush an economic competitor of both itself and a major client.
`
`C. The AWS-Parler Relationship Before January 8, 2021
`
`36.
`
`Parler contracted with AWS to provide the cloud computing services Parler needs
`
`for its apps and website to function on the internet. Further, both the apps and the website were
`
`writte