Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Twitter accuses Microsoft of misusing its data, foreshadowing a possible fight over AI

A lawyer for Twitter owner Elon Musk accused Microsoft of misusing the service’s data and demanded an audit from the software giant

David Hamilton
Thursday 18 May 2023 21:44 EDT
Twitter Microsoft Data Dispute
Twitter Microsoft Data Dispute (2023 Associated Press All Right Reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A lawyer for Twitter owner Elon Musk accused Microsoft of misusing the service’s data and demanded an audit from the software giant.

The letter primarily addresses a seemingly narrow set of alleged infractions by Microsoft in drawing information from Twitter’s database of tweets. But the move could foreshadow more serious developments. Musk has previously accused Microsoft and its partner OpenAI in a tweet of “illegally” using Twitter data to develop sophisticated AI systems such as ChatGPT.

“ Lawsuit time,” Musk wrote in that April tweet.

But the letter, signed by Musk lawyer Alex Spiro, tiptoed around that concern. It noted that Microsoft's agreement with Twitter barred it from overuse of the service's data such as exceeding “reasonable request volume" or “excessive or abusive usage.” Spiro then noted that “despite these limitations,” Microsoft had retrieved more than 26 billion tweets in 2022 alone.

He provided no context for those numbers. The process of training AI systems requires enormous amounts of data such as written text, which AI algorithms scour for patterns that the AI can use to make sense of language and large bodies of knowledge.

In other respects, the letter primarily laid out a series of vaguely worded allegations. For instance, it noted that while Microsoft was required to inform Twitter about its intended use of the data, it failed to do so for six of the eight Microsoft apps that drew on information from the Twitter database.

Similarly, the letter asserted that at least one Microsoft app had supplied Twitter data to a number of virtual locations that “reference a government entity or agency.” That apparently violated Microsoft's agreement with Twitter, the letter stated, which prohibited the company from retrieving Twitter data “on behalf of ‘any government-related entity’” without first notifying Twitter.

The letter stated that Microsoft had failed to provide such notification.

Microsoft spokesman Frank Shaw provided a statement noting that Microsoft will review questions raised by the letter and then will “respond appropriately.” The statement added that “we look forward to continuing our long term partnership” with Twitter, which it did not refer to by name. Shaw declined to address specifics from the letter.

Spiro's letter demanded that Microsoft describe in detail the Twitter data it possesses or has previously destroyed, the purpose for each of its apps that drew on Twitter information, and any government entities that used these Microsoft apps and whether they received data from Twitter's database.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in