Elon Musk has also tried to escape the FTC’s scrutiny of X’s data usage

Musk lost his previous case after the court found that it did not have the power to modify or terminate the FTC’s order. Musk is also experimenting with new arguments, complaining in May request to the FTC to implement the rule “without delay.”

According to Musk, the FTC should stop its investigation because Twitter no longer exists, as X was included in xAIThen xAI was folded into SpaceX. Musk also says that since no management or engineers with a two-factor authentication problem remain at the company, and “X has developed a global privacy and data protection program” that protects consumers, the FTC should not intervene.

The company also said it paid $17 million in “unnecessary fees,” as a lawsuit over two-factor authentication ended in a ruling in Twitter’s favor. If the court finds that Twitter’s privacy policy adequately informs users that their messages can be used for targeted advertising, then the FTC should not continue to punish X for this behavior, Musk argued.

“The very basis of the FTC’s complaint has been resolved,” says X. “And the additional cost of the Act—the amount it’s given to the company and the organization itself is unconscionable.”

As X observes, the plan also requires the company to repeat the efforts, because X already has to be careful with data to comply with laws such as the European Union’s General Data Protection Regulation (GDPR).

Finally, X raised two other claims to justify the order. First, X said that allowing the FTC to keep the order would hurt X’s voice, because it says it “creates a permanent mechanism by which future regulators can force the Company on its decisions.”

And secondly, X argued that Donald Trump’s AI Action Plan requires federal agencies to abandon such regulations. Since X is “among the families of companies – including xAI – that are at the forefront of America’s AI ambitions,” the FTC is at risk of opposing Trump’s order to remove unnecessary leadership, if the agency’s order continues to divert X “engineering products from technology to audio files,” he said.