> it's not even technically insider trading as long as they release the same information publicly shortly after... so they're not actually breaking any laws

No, that’s a canonical example of insider trading: acting on pre-release inside information before it’s made public; it doesn’t matter if it’s days, hours, or even minutes before it goes public.

People have been convicted for executing trades when they saw or handled earnings reports in-person hours before they’re released[1].

[1] https://www.justice.gov/usao-edny/pr/employee-securities-fil...

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micromacrofoot a day ago | parent [-]

Insider trading requires breach of duty, if you don't have fiduciary duty with who you're trading against it's not insider trading. The required chain in the link is someone inside a contractual agreement providing information.

It's right in your own link, the filing-agent employee was convicted because he stole information he was contractually obligated to protect. Remove that obligation and there's no case. Truth Social owns the posts and is selling them with the source's blessing, nobody's stealing anything.

As much as I hate to say it, what they're doing with Truth social is very likely legal. The president does not have any contractual financial obligation to these companies, if he posts "everyone sell Intel, I'm going to regulate out of existence" to a group of people who paid him for this post early... there's no breach of contract anywhere.

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sethammons 15 hours ago | parent [-]

That is absolutely not true. Your brother in law gives you insider information and you use it, you go to prison. You have no fiduciary duty, but you still had insider information. I have seen this happen in real life.

	▲	micromacrofoot 34 minutes ago \| parent [-]
		it is true, look it up — the brother in law works because there's breach of duty in the chain ... in the truth social case there's no breach of duty if the president is the one shifting the market without a direct link in the chain. Companies aren't saying "hey we want you to manipulate the market for us" — the president is just outright manipulating it, telling people he knows ahead of time, and reaping the profits that way. There's no fiduciary duty involved at all, so it won't be considered insider trading... you don't even have to believe me, this is literally how it's playing out... This situation is completely untested by the courts.