Elon Musk renews bid to end FTC audits of X's data privacy practices
Musk argues Twitter no longer exists; FTC says compliance still crucial.
Elon Musk is making a second attempt to escape the Federal Trade Commission's strict 20-year data privacy order on X (formerly Twitter). The order, imposed in 2022 shortly before Musk's takeover, stemmed from Twitter's voluntary disclosure that a coding error between 2013 and 2019 allowed phone numbers and email addresses provided for two-factor authentication to be used for targeted advertising. Twitter agreed to pay $150 million and submit to regular independent audits until 2042. Musk's first challenge in 2023 failed after a court found no authority to revoke the order.
Now Musk presents new legal arguments: that X Corp. no longer exists because it was merged into xAI and then folded into SpaceX, that none of the original staff responsible for the error remain, and that the company has built a "world-class" privacy program. He also argues $17 million in "needless costs" and that GDPR compliance already covers similar requirements. The FTC pushes back, citing a deposition from an engineer that layoffs and cost-cutting impaired X's ability to implement technical restrictions on contact data use, leaving 37% of privacy controls unassigned. The agency also flagged Musk's demands for internal system access for the "Twitter Files" and a text threatening to fire anyone blocking an executive assistant's system access. The FTC argued security staff sometimes had to disobey Musk to stay compliant. X also claims the order could chill speech and that Trump's AI Action Plan requires agencies to drop such orders.
- Twitter paid $150M and agreed to 20-year FTC monitoring after a bug used 2FA data for ads (2013-2019).
- Musk's new argument: X was merged into xAI then SpaceX, so the company subject to the order no longer exists.
- FTC cites engineer deposition: layoffs left 37% of privacy controls unassigned, and security staff had to disobey Musk to stay compliant.
Why It Matters
If successful, Musk’s challenge could weaken FTC oversight of data privacy at major platforms and set a precedent for corporate restructuring to evade enforcement.