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Politico
POLITICO
13 Jul 2023
Alfred Ng


NextImg:Musk claps back at Lina Khan in court

Twitter asked a federal judge to nix an FTC order governing its data practices, claiming the agency and its head are biased against company CEO Elon Musk.

The motion filed Thursday in the U.S. District Court of the Northern District of California accuses the agency of misconduct and bias against Twitter and Musk. The filing comes the same day FTC Chair Lina Khan will face questions on those same issues from Republicans on the House Judiciary Committee.

“Shortly thereafter — when Elon Musk acquired Twitter in October 2022 — the FTC embarked on a new campaign of unceasing demands, demanding responses to long lists of wide-ranging questions and requiring burdensome document productions,” according to the court filing.

The FTC declined to comment.

Twitter has had a consent decree with the FTC since 2011 to resolve cybersecurity vulnerabilities that resulted in data breaches in 2009. The order put strict requirements on the company, including mandated independent audits of its privacy and security practices. The order was renewed last year due to violations of the previous 2011 order.

The restrictions are supposed to last until 2042. Thursday’s motion is paired with a request for an order blocking the FTC from forcing Musk to sit for a deposition due to concerns the agency is biased against him.

“The Court should not permit the FTC to continue invoking judicial power to prosecute an investigation so infected by bias that it has lost any plausible connection to lawful purposes,” according to court documents.

A hearing on the motions is currently scheduled for Aug. 17.