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Elon Musk Seeks to End Pre-Approval of His Tweets, Calls SEC Mandate “Government-Imposed Muzzle”

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Elon Musk’s lawyers urged a federal appeals court to throw out a provision in his 2018 consent decree with the US Securities and Exchange Commission (SEC) requiring a Tesla lawyer to vet some of his posts on Twitter.

In a brief filed late on Tuesday with the 2nd US Circuit Court of Appeals in Manhattan, lawyers for Musk called the pre-approval mandate a “government-imposed muzzle” that inhibited and chilled his lawful speech on a broad range of topics.

They also said the requirement violated the US Constitution, and undermined public policy by running “contrary to the American principles of free speech and open debate.”

The SEC did not immediately respond to a request for comment outside market hours. It is expected to file its own brief with the appeals court.

Musk wants to overturn part of an April 27 decision by US District Judge Lewis Liman that rejected his bid to throw out the consent decree altogether.

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Liman said Musk’s arguments amounted to a “bemoaning” of requirements he no longer wanted to adhere to now that “his company has become, in his estimation, all but invincible.”

Musk, 51, is worth $259.8 billion (roughly Rs. 21,25,878 crore), nearly twice as much as anyone else, Forbes magazine said on Wednesday.

The decree resolved a lawsuit accusing Musk of defrauding investors with an August 7, 2018 tweet that he had “funding secured” to take his electric car company private, though a buyout was not close. Musk has said the tweet was truthful.

In settling, Musk agreed to let a Tesla lawyer screen tweets that might contain material information about the company.

See also  Twitter Allowed Chinese, Indian Agents on Payroll, Privacy of Users at Risk, Whistleblower Claims

He and Tesla each also paid $20 million (roughly Rs. 163 crore) in civil fines, and Musk gave up his role as Tesla chairman.

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But the SEC later opened a probe and subpoenaed documents concerning Musk’s and Tesla’s compliance, after Musk asked his followers in a November 6, 2021 tweet whether he should sell 10 percent of his Tesla stake to cover tax bills on stock options.

In Tuesday’s filing, Musk’s lawyers said it was time to rein in the SEC.

“Under the shadow of the consent decree, the SEC has increasingly surveilled, policed, and attempted to curb Mr. Musk’s protected speech that does not touch upon the federal securities laws,” the lawyers wrote. “Any objective served by the pre-approval provision has been served.”

Musk is separately trying to abandon his April agreement to buy Twitter for $44 billion (roughly Rs. 3,37,465 crore), saying the company misled him by downplaying the number of fake accounts.

Twitter has sued Musk to force him to complete the merger at the agreed-upon price, which is 23 percent higher than where its shares closed on Tuesday. An October 17 nonjury trial is scheduled in Delaware Chancery Court.

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The case is Musk v SEC, 2nd US Circuit Court of Appeals, No. 22-1291.


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Elon Musk Hints at Plans to Increase Character Limit for Tweets in Response to Twitter User

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Twitter could expand its character limit from 280, according to a tweet by new owner Elon Musk. The world’s richest man and Twitter’s new CEO responded to a user on the microblogging platform requesting the higher character limit, stating that it was part of the company’s plan. Twitter is also working on adding encrypted direct messages (DMs), and payment services, according a set of slides recently shared by Musk on Twitter. However, it is currently unclear whether the increased character limit will be the same as the longform tweet feature teased by the company’s CEO.

On Monday, Musk responded to a Twitter user asking him to expand the 280-character limit for on tweets on Twitter to 1,000 characters. Musk responded, stating :It’s on the todo list.”

Twitter, which is referred to as a “microblogging service”, originally had a 140-character limit for tweets, which was expanded to 280 characters in 2017. At the time, the company’s blog stated that “many people Tweeted the full 280 limit because it was new and novel, but soon after behaviour normalised…We saw when people needed to use more than 140 characters, they Tweeted more easily and more often.”

The platform is one of the few services that limits users’ posts to a few hundred characters. Rival Facebook allow users to upload posts with thousands of characters.

Musk has shown interest in the idea of increasing the character limit on a number of occasions since his takeover of the platform, as per a report by Mashable.

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On November 27, a Twitter user suggested to Musk to increase the platform’s word limit from 280 to 420. “Good idea” Musk wrote in response.

See also  Meta Reports Rise in Daily Facebook Users to 1.97 Billion Amid First Revenue Drop in History

Prior to that, another user had suggested “get rid of character limits,” to which Musk responded: “Absolutely”.

Musk recently announced another major change for the platform with its multi-coloured verification system. A new three-coloured verification check mark system would replace the previous ‘Twitter Blue’ service which had to be pulled off within days of its release due to rising number of accounts impersonating well-known brands and personalities while carrying the ‘verified’ check. The new Twitter Blue verification service will tentatively be relaunched on December 2, according to Musk.


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WhatsApp ‘Message Yourself’ Feature Rolling Out on Android and iOS: Report

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WhatsApp is rolling out its Message Yourself feature to users globally. The app will now let you send a text to yourself, to store messages and files. Many users around the globe rely on WhatsApp chats to jot down quick notes or reminders, or crucial information. Until now, users would use a workaround to message themselves, or use a second WhatsApp account registered to another phone number, or rely on a chat window of a defunct WhatsApp account to store messages. WhatsApp will now let you do it easily via one of its new in-built features called Message Yourself.

According to a report by TechCrunch, the Meta owned messaging app has begun to roll out the ability to message yourself. The ‘Message Yourself’ feature will be similar to sending a text to another user, except that the message will remain in a separate chat on your phone.

Once the feature is rolled out, users will see a separate chat with their name followed by “(You)”. You will be able to jot down notes, shopping lists, keep reminders, store bookmarks. You will also be able to forward messages from other users, just like you can for other chats.

You can tap on the new chat button from the WhatsApp home screen and select your name. Once you tap on it, you will be able to send texts to yourself. If you are in another app, you can also use the sharing menu to send files, images, and other media to yourself.

WhatsApp says that the Message Yourself feature is now rolling out and should reach most Android and iOS users in the coming weeks, as per the report. Users can download the latest version of the app on Android and iOS to use the Message Yourself feature.

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Recently, the messaging app also introduced a new feature that will let iOS and Android users create polls in personal and group chats to get opinions or answers from their friends and contacts. Users’ responses to a poll’s question are protected via end-to-end encryption, according to the company.

See also  Elon Musk's Messages to Twitter CEO Parag Agrawal, Jack Dorsey Revealed Ahead of October Takeover Trial

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Facebook Fined EUR 265 Million by Irish Data Privacy Regulator After Investigation Into Data Scraping

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Ireland’s data privacy regulator imposed an EUR 265 million (roughly Rs. 2,250 crore) fine on social media giant Facebook on Monday, bringing the total it has fined parent group Meta to almost EUR 1 billion (roughly Rs. 2,250 crore). The penalty resulted from an investigation, started last year, into the discovery of a collated set of personal data that had been scraped from Facebook between May 2018 and September 2019, and made available online. Facebook was also ordered to make a range of corrective measures.

Meta said it had cooperated fully with the investigation by Ireland’s Data Privacy Commissioner (DPC) and made changes to its systems during the time in question, including removing the ability to scrape its features in this way using phone numbers.

Monday’s fine is the fourth the DPC has levied against one of Meta’s companies. It is Meta’s lead privacy regulator within the European Union, and has 13 more inquiries into the social media group outstanding.

In September the watchdog hit its Instagram subsidiary with a record fine of EUR 405 million (roughly Rs. 3,435 crore), which Meta plans to appeal. Meta added in its statement on Monday that it was reviewing the decision related to the latest fine.

The DPC regulates Apple, Google, Twitter, Tiktok and other technology giants due to the location of their EU headquarters in Ireland. It currently has 40 inquiries open into such firms, including the 13 involving Meta.

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The regulator has the power to impose fines of up to 4 percent of a company’s global revenue under the EU’s General Data Protection Regulation’s (GDPR) “One Stop Shop” regime introduced in 2018.

See also  There Are Systems ‘Guarding’ Your Data in Cyberspace – but Who Is Guarding the Guards

The DPC said mitigating factors in Monday’s decision – which had been approved by all other relevant EU regulators – included the actions Facebook had taken.

“We’ll keep going until the behaviour does change,” Ireland’s Data Privacy Commissioner (DPC) Helen Dixon told Irish national broadcaster RTE on Monday.

© Thomson Reuters 2022


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