Elon Musk’s X urges Supreme Court to protect the platform’s users

Elon Musk’s social media platform X has petitioned the Supreme Court to protect its users from what it calls “broad, suspicionless” requests by US law enforcement.

In a brief filed on Friday, X urged the high court to require federal authorities to produce a warrant when seeking private data from online platforms, arguing that companies should not be “coerced into helping governments undermine their users’ privacy.”

The filing relates to a long-running legal battle brought by James Harper, a user of the cryptocurrency exchange Coinbase. Harper claims the Internal Revenue Service violated Coinbase’s privacy policies by demanding the trading records of thousands of people, including him.

In his view, the agency launched a “fishing expedition” to uncover potential tax fraud without first demonstrating probable cause and particularized suspicion. He is asking the Supreme Court to hear his case, though the justices have not yet decided whether to take it up.

A ruling in Harper’s favor could affect how government agencies acquire user data, whether from social media services or other digital platforms. If Harper wins, it could curb the power of the US government—“of which Musk is a part,” to access personal information without a court-approved warrant.

A person close to X said that if the government can see private user data without probable cause, “it means that the constitution does not prevent the government from snooping through any user’s account on any social media platform or financial platform.”

The timing of X’s intervention stands out because the company is the only individual corporation so far to submit a brief in Harper’s case. It comes at a moment when federal authorities are looking more closely at social media posts and user information.

Last month, the Department of Homeland Security proposed extending the collection of social media handles from people applying for visas or permanent residence in the United States. X’s filing also follows incidents under the previous administration, when public social media posts were used to vet migrants.

This won’t be Musk’s first rodeo against social media censorship

After purchasing X for $44 billion in 2022, Musk publicly challenged takedown requests in Brazil, India, and Australia.

X’s lawyers illustrated the legal concept by referencing Tony Soprano, the fictional mob leader from HBO’s The Sopranos: “If Tony Soprano makes an ‘arrangement’ with a ‘business associate,’ any collateral promises are unenforceable, including promises to keep it a secret.”

However, they contended that user agreements on a platform such as Coinbase or X “would not be deemed illegal contracts” simply because some users are subject to a government inquiry.

Musk’s platform plans to expand further into financial services with “X Money,” a digital wallet and peer-to-peer payment system that Chief Executive Linda Yaccarino recently announced. Visa is reported to be the first partner in this initiative, suggesting that X aims to integrate financial tools more deeply into its social media operations.

X’s filing was prepared by attorneys at the Pacific Legal Foundation, a public interest law group known for its work on civil liberties.

They have criticized Musk before, but in this situation, they are supporting his company’s argument that data privacy must be safeguarded.

Chris Giancarlo, a lawyer at Willkie Farr who represents another Harper supporter pro bono, said the outcome of this case “could have a lasting effect on the standards by which the government may access customers’ private information on crypto exchanges and other platforms without probable cause.”

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