Elon Musk’s Twitter Risks Big Fines From US Regulators

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The company’s past failings place its security under scrutiny by the Federal Trade Commission until 2042. Any new mishaps could lead to heavy penalties.

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. Failure to comply with the consent decree can carry hundreds of millions of dollars in fines or additional federal court complaints and consent orders.

David Vladeck, a law professor at Georgetown University who brought the charges that led to Twitter’s 2011 consent decree while serving as director of the FTC’s Bureau of Consumer Protection, believes that Twitter may already be out of compliance with the 2022 order. Musk gutted the company at a time when it should be preparing an initial assessment—due to be filed with the agency in January—describing in detail how Twitter is in meeting the order's requirements.

In that assessment, Twitter must also identify employees the FTC can contact to ensure future compliance. The report and other documents sent to the commission in relation to the 2022 order must be submitted as true and correct under penalty of perjury. Twitter is required to carry out vulnerability testing every four months, privacy and security risk assessments every year, and get an independent security audit every two years for a decade.

If the FTC finds that Twitter isn’t complying, the company could face steep fines and additional consent decrees, Vladeck says. Because the company has already been fined for breaching its original consent decree, the punishment for another breach would be significant, and could place Twitter under even more stringent requirements to ensure security is maintained.

“This is one of those cases where, if there’s an additional order, there will be personal responsibility for Musk,” Vladeck says. “His neck may be on the chopping block if there’s another consent decree, and there may be personal responsibility for other significant people within the organization.”

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