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Judge orders Twitter to probe on whistleblower's private communications
6 Oct, 2022 / 05:23 am / Twitter

Source: http://www.mashable.com

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Mashable: In a letter to Twitter that he sent to the SEC, Musk says that he will buy Twitter as promised.

In a letter to Twitter that he sent to the SEC, Musk says that he will buy Twitter as promised, but only if the Chancery Court will "adjourn the trial and all other proceedings related to it until such closing or further order of the Court." But his legal battle with Twitter is still turning out to be quite complicated.

Judge Kathaleen McCormick weighed in on Twitter's request for extra discovery on Monday night in the Delaware Court of Chancery. The motion centered on communications between Musk's inner circle and the Twitter whistleblower, former head of security Peiter "Mudge" Zatko. Zatko has said under oath that he did not contact Musk or his team, but Twitter wants to keep looking because a mysterious email from May 6 was found in the files of Quinn Emanuel, a law firm that represents Musk.

It's hard to say if his change of heart has anything to do with the Mudge scandal or the realization that new information from the whistleblower might not give him a clear way out of the deal.

TechCrunch noted that on that day, an unidentified ProtonMail user claimed to be a "former Twitter executive who supervised teams directly engaged in Trust & Safety/Content Moderation." The email instructs Musk's staff to use "alternative secure channels" to communicate on Twitter rather than Twitter itself.

Twitter pushed to go through all digital communications from a larger range of Musk's close connections, including SMS, IMs, and printed papers, while Musk's team preferred to restrict any extra search to potential exchanges with Zatko.

After hearing Musk's legal team's position that Zatko's rejection renders any further discovery moot, Judge McCormick sent a second letter in which she flatly rejected that claim. She also shot down the argument that since the email sent to Musk lawyer Alex Spiro wasn't forwarded to anyone else, there's nothing more to learn from more searches.

McCormick says that because Musk relies a lot on Zatko's new information, Twitter has the right to find out if he had any contact with Musk or his team in the past that hasn't been made public. In the end, she says that Twitter can search "beyond emails" by using 15 search terms that the user chooses to find what they are looking for, even in paper files. The team working for Musk was told to give the extra documents by this Friday, October 7. Assuming there is still a trial, Spiro would have to explain what he did after receiving the anonymous email in an affidavit that must be submitted by this Wednesday, October 5.

Apparently, assuming the trial is actually canceled, the cryptic email Musk sent on May 6 and the timing of his decision to put the transaction back on the rails are also mysteries to which one may never find answers.