Musk wants Twitter to identify employees who calculate spam rate

Images Getty | Carole Yepes

Lawyers for Elon Musk want to interview Twitter employees responsible for calculating spam count estimates and say Twitter is hiding these potential witnesses, Bloomberg reported yesterday.

Musk presented a proposed order on Wednesday asking Judge Kathaleen McCormick of the Delaware Chancery Court to compel Twitter “to produce specific custodian findings.” Musk provided further details of the request in a letter to McCormick that was filed under seal as part of the case in which Twitter is seeking to enforce the $44 billion merger deal that Musk is seeking to void. .

Although the letter is not yet public, Bloomberg quoted “people familiar with the allegations” to describe the contents of the letter. “Musk argues that the social media company does not produce the names of employees specifically tasked with assessing how much of Twitter’s customer base is made up of spam and bot accounts… Musk’s lawyers asked the judge in the ‘case to force Twitter to identify workers so the defense can obtain their records and question them,’ Bloomberg wrote.

Musk’s request is part of his effort to refute Twitter’s claim that less than 5% of its monetizable daily active users (mDAUs) are spam or fake. Twitter Says Musk Has No Right To Terminate Merger Deal Based On Number Of Spam Accounts; he also says it The foam does not make “gift[ed] even an ounce of evidence to support “that the mDAU figure is incorrect”. Musk’s spam analysis was based on a web tool that once flagged his Twitter account as a probable bot. Twitter pointed out.

Twitter has yet to respond to Musk’s new request. “Under court rules, Twitter’s attorneys have five business days to decide what should be masked from the filing as confidential information,” Bloomberg wrote.

Preliminary disputes before October 17 begin

The filing comes days after Musk challenged Twitter CEO Parag Agrawal to “a public debate on the percentage of Twitter bots”. Such a debate is not likely to occur, of course. Twitter is content to let his lawsuit against Musk proceed, especially since McCormick granted his request. speed up the process scheduled for October 17.

Although Twitter apparently did not provide access to employees working on spam estimates, the company detailed its process for calculating the mDAU and provided Musk with access to your firehose data. Twitter assesses daily samples of 100 mDAUs, or approximately 9,000 each quarter, saying the analysis includes “multiple (replicating) human reviews of thousands of randomly selected accounts each quarter using both public and private data” .

« [A]According to a basic statistic, the sample of approximately 9,000 Twitter accounts of account reviews included in mDAU each quarter is large enough to extrapolate to the entire mDAU population,” Twitter wrote.

Musk’s attempt to ask Twitter employees about spam counts is just the latest in preliminary discussions. Twitter quotes already issued seeking posts written by Musk’s friends, advisers, banks, legal team and investors, as well as Oracle co-founder Larry Ellison. Musk sent quotes to Twitter consultants JPMorgan Chase and Goldman Sachs.

If Twitter wins the deal, Musk could be forced to complete the merger. He has sold $15.4 billion worth of Tesla stock since agreeing to buy Twitter.