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SEC continues to argue for Elon Musk’s “Twitter sitter” deal

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A recent letter from the US Securities and Exchange Commission (SEC) states that Tesla lawyers must still pre-approve Elon Musk’s company-related tweets, even though the billionaire won the case centered on his infamous “funding secured” tweet in 2018.

In a letter to the US Court of Appeals for the 2nd Circuit in New York, the SEC argued that Musk’s earlier settlement with the agency is constitutional and valid. Musk’s settlement followed an SEC investigation into the CEO’s “funding secured” claims in 2018. It was also agreed that tweets containing material Tesla-related information would be reviewed by a lawyer — fondly dubbed the CEO’s “Twitter Sitter” by the internet — before Musk posts them. 

Elon Musk’s legal team submitted a brief to a court of appeals in September 2022, seeking relief from what they alleged was a “government-imposed muzzle” that inhibits the CEO’s speech. The appeal came a month after a federal judge denied Musk’s motion to terminate his settlement provision with the SEC.

Earlier this month, a jury found that Elon Musk and Tesla were not liable in a class-action securities fraud trial centered on the CEO’s “funding secured” tweet. Musk’s lawyers then argued earlier this week that the jury verdict should be considered in an appeal against the CEO’s SEC settlement provision. 

“In light of the jury finding that Mr. Musk’s tweets did not violate Rule 10b-5, the SEC lacks support both for the consent decree itself and for its arguments on appeal. The verdict provides further reason why the public interest in avoiding unconstitutional settlements easily subsumes the SEC’s purported stake in the consent decree,” Alex Spiro, one of Musk’s lawyers, wrote

The SEC has responded to Musk’s legal team, arguing that the findings of the jury in a private securities-fraud action does not identify a “pertinent and significant” authority. The SEC also argued that Musk is “reading too much” into his jury verdict. 

Following is the SEC’s response. 

“Appellant Elon Musk’s letter notifying this Court about a jury verdict in a private securities-fraud action does not identify a ‘pertinent and significant’ authority. Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment. The district court properly rejected his request to alter the judgment because there were no “significant” changes in factual conditions or the law that justified relief under Rule 60(b)(5). Musk asserts that the consent judgment now “lacks support” given “the jury’s finding,” but this is a non-sequitur; the consent judgment was not conditioned upon the outcome of the private litigation. 

“Even if the verdict were somehow relevant, Musk reads too much into it. The Commission had no role in that case. Unlike in a Commission action, the private plaintiff had to prove reliance, loss causation, and damages, In re Tesla , Dkt. 655, at 7-17 (jury instructions), and it is unknown whether the verdict turned on elements that would not burden the Commission at trial, id. , Dkt. 671, at 2-3 (verdict form). Moreover, the court instructed the jury to assume that Musk’s tweets “were untrue,” which confirms the discrete point the Commission was making when it referenced the private action in its brief. Id., Dkt. 655, at 7-8.

“Ultimately, the verdict has no bearing on whether the district court correctly declined to grant the extraordinary remedy of altering Musk’s consent judgment years after entry. The verdict says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed—a communication channel designated by Tesla for disclosure. And the verdict does not justify the inapt application of the ‘unconstitutional conditions’ concept to settlements, even if this Court were to overlook Musk’s forfeiture of any arguments regarding that concept,” the SEC wrote. 

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It remains to be seen whether the court will uphold or dismiss the letter submitted by Musk’s legal team. The appeal is expected to be heard in the spring, although an exact date has not yet been scheduled.

627605104 Letter From US Securities Exchange Commission Feb 22 2023 by Maria Merano on Scribd

The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Tesla admits to slow Model Y Robotaxi integration, but for a good reason

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Credit: Tesla

Tesla welcomed JPMorgan analysts to one of its factories earlier this month, with the Wall Street firm highlighting its findings in a new note to investors. One of the more pertinent pieces of information is that Tesla admitted to slowly integrating Model Y vehicles into its Robotaxi fleet, but it has a good reason.

JPMorgan analysts recently toured Tesla’s Fremont Factory and met with the company’s investor relations team, emerging with a clearer picture of the automaker’s Robotaxi strategy. According to the bank’s note, Tesla is intentionally limiting the addition of Model Y vehicles to its existing Robotaxi fleet.

The firm’s analysts said:

“Tesla indicated it is intentionally holding back on adding Model Y units to the robotaxi fleet, expressing confidence in its ability to scale Cybercab in the near-term. On FSD V15, Tesla views this release as a step-change in performance, comparable to the leap from V13 to V14. The V15 upgrade encompasses seven core technologies, with ~40% of those currently being tested in the robotaxi fleet, where initial feedback has been encouraging.”

Far from signaling delays or doubts about autonomy, the move reflects strong management confidence in the near-term scalability of the purpose-built Cybercab.

Tesla has operated its Robotaxi service primarily with modified Model Ys since launching in Austin and expanding to other markets. Yet the company is now deliberately holding back further Model Y conversions. The rationale is straightforward: leadership believes the Cybercab, a two-seat, steering-wheel- and pedal-free vehicle optimized for high utilization, can ramp production and deployment more efficiently in the coming months.

This dedicated form factor promises better unit economics for the majority of rides, which typically involve one or two passengers, while freeing consumer Model Y inventory for retail sales.

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Supporting this pivot is Full Self-Driving (FSD) software version 15, which Tesla describes as a genuine step-change in performance, comparable to the leap from V13 to V14. The update incorporates seven core technologies; roughly 40 percent are already undergoing real-world testing in the current Robotaxi fleet, with early feedback described as encouraging.

Tesla is carefully managing software development to minimize regressions in core driving functions as new capabilities are added. Management positions V15 as the primary gateway to scaling unsupervised FSD. Importantly, the existing AI and Hardware 4 stack is already capable of running V15 and supporting unsupervised operation.

Cybercab itself is only the first vehicle on the platform. Tesla reiterated that additional form factors will follow, pointing to concepts such as the earlier “Robovan” demonstration as examples of how the architecture can evolve.

Tesla’s mysterious Robovan makes a sneak peek with Optimus in Terafab video

Parallel progress continues on the Optimus humanoid robot, which remains on track for start of production in the coming months, with commercial sales possible as early as the second half of 2027. Generation 3 details will be revealed closer to production to preserve competitive advantages, while Generation 4 scope will draw on real-world Gen 3 experience.

JPMorgan left the meeting with a deeper appreciation for Tesla’s manufacturing automation and maintained its $475 price target. The decision to slow Model Y Robotaxi integration is therefore not a setback but a calculated prioritization of a more efficient, purpose-built solution that management believes is ready to scale.

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Elon Musk gives a timeline for SpaceX’s first Starship catch attempt

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SpaceX Starship V3 from Starbase, Texas on April 14, 2026

SpaceX CEO Elon Musk announced today that the company will likely attempt to catch the Starship upper stage with its launch tower arms “in a few months.”

In a post on X, Musk wrote, “Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.” He added that the first reflight of a Starship vehicle is expected by the end of 2026 or early 2027, describing it as “a fork in the road of history for consciousness reaching the stars.”

Musk’s prediction comes amid ongoing progress toward full reusability of the Starship system, a two-stage rocket designed for rapid turnaround and dramatically lower launch costs. Catching the upper stage, known simply as “ship,” with the Mechazilla tower’s mechanical arms would mark a major milestone. It would allow both stages to return directly to the launch site for quick refurbishment and reuse, eliminating the need for ocean recovery.

Musk has previously signaled plans for a ship catch. In July, shortly after SpaceX’s wildly successful Starship 13 mission, he stated that the company would attempt to catch the ship with the tower on the next flight unless problems emerged in the mission data review. Earlier comments also outline conditions such as successful soft ocean landings before attempting a land recovery to minimize risk.

SpaceX has solved Starship’s biggest challenge, Elon Musk says

The latest update from Musk adjusts this timeline to a few months, reflecting the iterative nature of the test campaign.

SpaceX has already demonstrated the tower catch technique successfully with the Super Heavy booster on a couple of occasions. The first successful booster catch occurred during Flight 5 in October 2024, when the massive first stage returned to the Starbase pad in Texas and was plucked from the air by the tower arms.

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Additional catches followed on later flights, including Flight 7, proving the concept for the booster and building confidence in the system as a whole.

Achieving a similar catch for the upper stage would represent a significant step forward. The ship returns from much higher speeds and greater heat loads after orbital or near-orbital flight. Success would advance SpaceX’s goal of full and rapid reusability, potentially reducing the cost of access to orbit by a factor of 100 or more and supporting ambitions for frequent satellite deployments, lunar missions, and eventual Mars flights.

Musk has long emphasized that true reusability, refueling rather than discarding hardware, is essential for making humanity a multi-planetary species.

As SpaceX continues refining Starship through successive test flights, the coming months will test whether the ambitious catch timeline can be met. The combination of prior booster successes and improving ship landing precision suggests the company is steadily closing in on this historic capability.

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SpaceX achieves incredible milestone with Starlink program

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Credit: SpaceX

SpaceX has achieved an incredible milestone by launching its 11,000th Starlink satellite into orbit.

This accomplishment occurred during the Starlink Group 17-50 mission, which lifted off on August 19 at 04:01 UTC from Space Launch Complex 4 East at Vandenberg Space Force Base in California.

A Falcon 9 rocket carried 24 Starlink V2 Mini satellites on this flight, successfully deploying them into low Earth orbit approximately one hour after liftoff. The first stage booster, identified as B1097 on its twelfth flight, landed successfully on the droneship Of Course I Still Love You in the Pacific Ocean.

According to tracking data compiled around that date, this deployment brought the total number of Starlink satellites in orbit to just over 11,000.

The Starlink program began with test satellites known as Tintin A and B, launched on February 22, 2018. The first operational batch of 60 Starlink satellites followed on May 24, 2019, when a Falcon 9 rocket lifted off from Cape Canaveral. Those initial satellites marked the start of a rapid expansion that has continued for more than seven years.

SpaceX has conducted hundreds of dedicated Starlink missions since then, routinely launching batches of 20 to 30 satellites at a time using reusable Falcon 9 rockets. By mid-2026, the company had already surpassed 12,000 total satellites launched across all versions, with continuous replacements for units that deorbit as designed to manage space debris.

Looking ahead, SpaceX continues to expand the Starlink constellation to enhance global broadband coverage, capacity, and speed. The network already serves millions of users across more than 160 countries and supports applications ranging from residential internet to maritime, aviation, and emergency services.

Future plans center on next-generation hardware, including larger V3 satellites capable of delivering substantially higher throughput, which require the increased payload capacity of the Starship vehicle currently under development and testing.

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In July, SpaceX submitted an application to the Federal Communications Commission seeking authority for a Gen3 constellation of up to 100,000 satellites. These spacecraft would operate in very low Earth orbit shells at altitudes near 325 kilometers and 475 kilometers. The filing requests use of existing Ku, Ka, V, and E band spectrum along with new greenfield W and D band frequencies between 92 and 275 GHz.

SpaceX states that the expanded system aims to deliver multi-gigabit symmetrical broadband to consumers, enterprises, governments, and billions of AI-powered devices worldwide while handling a majority of global internet traffic. Approval and subsequent deployment would depend on regulatory review and the operational readiness of Starship for high-volume launches.

This ambitious scale reflects SpaceX’s ongoing commitment to providing ubiquitous high-speed connectivity from space.

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