Technically yes. The SEC has allowed such activity if you pay an attorney to file the proper forms with them and let them know where you will be making official public announcements. If you do not go through the proper filing and notification process with the SEC before hand then yes it is illegal. Most companies are not aware of these laws and in turn do not take advantage in fear of violating one of the MANY SEC rules and regulations. Given all the legality surrounding this, its best that they do not at this point in time. If anything they should stick with the more traditional route off releasing a press release via one of the many news wires to update and inform shareholders. This way they don't have to worry about breaking some ridiculous regulation.