Elon Musk's lawyers want to question Twitter employees responsible for calculating spam-account estimates. Musk filed a proposed order to compel Twitter "to produce discovery from specific custodians" Musk provided further details on the request in a letter to a Delaware judge. Twitter seeks to enforce the $44 billion merger contract Musk is trying to exit.

Musk wants Twitter to identify employees responsible for evaluating how much of its customer base is made up of spam and robot accounts. The request is part of his effort to disprove Twitter's claim that fewer than 5 percent of its monetizable daily active users are spam or fake. Twitter says Musk has no right to exit the merger agreement based on the number of spam accounts.

Twitter hasn't responded to Musk's new filing yet. "Under the court's rules, Twitter's attorneys have five business days to decide what should be redacted from the filing as proprietary information," Bloomberg wrote. The filing comes a few days after Musk challenged Twitter CEO Parag Agrawal to "a public debate about the Twitter bot percentage"

Twitter's lawsuit against Musk is set to begin October 17. The company has detailed its process for calculating mDAU and gave Musk access to its data firehose. Twitter says it evaluates daily samples of 100 mDAu, or about 9,000 each quarter.

Musk's attempt to question Twitter employees over spam counts is just the latest in pre-trial wrangling. Twitter previously issued subpoenas seeking messages written by Musk's friends, advisers, banks, legal team, and investors. If Twitter wins the case, Musk could be forced to complete the merger.
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