At this point, this is the wrong question to ask. The correct question is: if this is illegal what are the possible consequences and when would they be enforced

At this point, this is the wrong question to ask. The correct question is: if this is illegal what are the possible consequences and when would they be enforced? Musk has shown time and again whether it is legal or not isn’t very important to him. It’s what he can get away with, for how long, and what the possible penalties are.