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

Credit: TED/YouTube

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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. 

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“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. 

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“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. 

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

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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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Elon Musk reveals date of Tesla Full Self-Driving’s next massive release

Initially planned for a January or February release, v14.3 aims to add some reasoning and logic to the decisions that Full Self-Driving makes, which could improve a lot of things, including Navigation, which is a major complaint of many owners currently.

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Tesla CEO Elon Musk revealed the date of Full Self-Driving’s next massive release: v14.3.

For months, Tesla owners with Hardware 4 have been utilizing Full Self-Driving v14.2 and subsequent releases. Currently, the most up-to-date FSD version is v14.2.2.5, which has definitely brought out mixed reviews. With releases, some things get better, and other things might regress slightly.

For the most part, things are better in terms of overall behavior.

However, many owners have been looking forward to the next release, which is v14.3, about which Musk has said many great things. Back in November, Musk said that v14.3 “is where the last big piece of the puzzle lands.”

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He added:

“We’re gonna add a lot of reasoning and RL (reinforcement learning). To get to serious scale, Tesla will probably need to build a giant chip fab. To have a few hundred gigawatts of AI chips per year, I don’t see that capability coming online fast enough, so we will probably have to build a fab.”

Initially planned for a January or February release, v14.3 aims to add some reasoning and logic to the decisions that Full Self-Driving makes, which could improve a lot of things, including Navigation, which is a major complaint of many owners currently.

Tesla Full Self-Driving v14.2 is a considerable improvement from early versions of the suite, but we have written about the somewhat confusing updates that have come with recent versions.

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Tesla Full Self-Driving v14.2.2.5 might be the most confusing release ever

They’ve been incredibly difficult to gauge in terms of progress because some things have gotten better, but there seems to be some real regression on a handful of things, especially with confidence and assertiveness.

Musk confirmed today on X that Tesla is already testing v14.3 internally right now. It will hit a wide release “in a few weeks,” so we should probably expect it by late April.

Overall, there are high hopes that v14.3 could be a true game changer for Tesla Full Self-Driving, as many believe it could be the version that Robotaxis in Austin, Texas, some of which are driverless and unsupervised, are running.

It could also include some major additions, including “Banish,” also referred to as “Reverse Summon,” which would go find a parking spot after dropping occupants off at their destination.

What Tesla will roll out, and when exactly it arrives, all remain to be seen, but fans have been ready for a new version as v14.2.2.5 has definitely run its course. We have had a lot of readers tell us their biggest request is to fix Navigation errors, which seem to be one of the most universal complaints among daily FSD users.

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Chattanooga Charge: Tesla and EV fans ready for the Southeast’s wildest Tesla party

From Cybertruck Convoys to Kid-Friendly Fun Zones: The Chattanooga Charge Has Something for Everyone

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Hundreds of like-minded Tesla and EV enthusiasts are descending on Chattanooga Charge this weekend for the largest Tesla meet in the Southeast. Taking place on March 20–22, 2026 at the stunning Tennessee Riverpark.

If you were there last year, you’ll know that it’s the ultimate experience to see the wildest Teslas in action, see the best in EV tech, and arguably the most fun – finally put a name to the face and connect with those social media buddies IRL! Oh, and that epic night time Tesla light show is a once-in-a-lifetime experience that will transform the Riverpark into something out of a sci-fi film that’s remarkably unforgettable and must be seen in person.

This year’s event takes everything up a notch, with over 100 Cybertrucks expected to be on display, many sporting jaw-dropping modifications and custom wraps that push the boundaries of what these stainless steel beasts can look like.

Whether you’re a diehard Tesla fan, EV supporter, or just EV-mod-curious, the sheer spectacle is worth the drive.

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The Chattanooga Charge doesn’t wait until Saturday morning to get started. The weekend technically kicks off Friday, March 20th, and the venue sets the tone immediately. Come share roadtrip stories over drinks at the W-XYZ Rooftop Bar on the top floor of the Aloft Chattanooga Hamilton Place Hotel, with sunset views over the city.

Come morning, nurse your hangover with a some good coffee, and convoy with hundreds of other Tesla and EV drivers through Chattanooga to the event for some morning meet and greets before the speaker panel starts and the food trucks fire up.

Tesla owner clubs travel from across the country to be here, not just to show off their vehicles,, but to connect, share, and celebrate a shared passion for the future of driving.

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Sounds like a plan to me. See you there, guys. Don’t miss it. Get your tickets at ChattanoogaCharge.com and join the charge. 🔋⚡

Chattanooga Charge is a premier Tesla and EV gathering inspired by the X Takeover, known as one of the largest Tesla event gatherings. What began as a bold idea from the team at DIY Wraps/TESBROS, hosted in their hometown of Chattanooga, Tennessee, the event quickly became a movement across social media. The first annual Chattanooga Charge united over 16 Tesla clubs from 16 states, proof that the EV community was hungry for something big in the South. Year after year, the event has grown in scale, ambition, and heart.

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Tesla Full Self-Driving gets latest bit of scrutiny from NHTSA

The analysis impacts roughly 3.2 million vehicles across the company’s entire lineup, and aims to identify how the suite’s degradation detection systems work and how effective they are when the cars encounter difficult visibility conditions.

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Credit: Tesla

The National Highway Traffic Safety Administration (NHTSA) has elevated its probe into Tesla’s Full Self-Driving (Supervised) suite to an Engineering Analysis.

The analysis impacts roughly 3.2 million vehicles across the company’s entire lineup, and aims to identify how the suite’s degradation detection systems work and how effective they are when the cars encounter difficult visibility conditions.

The step up into an Engineering Analysis is often required before the NHTSA will tell an automaker to issue a recall. However, this is not a guarantee that a recall will be issued.

The NTHSA wants to examine Tesla FSD’s ability to assess road conditions that have reduced visibility, as well as detect degradation to alert the driver with sufficient time to respond.

The Office of Defects Investigation (ODI) will evaluate the performance of FSD in degraded roadway conditions and the updates or modifications Tesla makes to the degradation detection system, including the timing, purpose, and capabilities of the updates.

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Tesla routinely ships software updates to improve the capabilities of the FSD suite, so it will be interesting to see if various versions of FSD are tested. Interestingly, you can find many examples from real-world users of FSD handling snow-covered roads, heavy rain, and single-lane backroads.

However, there are incidents that the NHTSA has used to determine the need for this probe, at least for now. The agency said:

“Available incident data raise concerns that Tesla’s degradation detection system, both as originally deployed and later updated, fails to detect and/or warn the driver appropriately under degraded visibility conditions such as glare and airborne obscurants. In the crashes that ODI has reviewed, the system did not detect common roadway conditions that impaired camera visibility and/or provide alerts when camera performance had deteriorated until immediately before the crash occurred.”

It continues to say in its report that a review of Tesla’s responses revealed additional crashes that occurred in similar environments showed FSD “did not detect a degraded state, and/or it did not present the driver with an alert with adequate time for the driver to react. In each of these crashes, FSD also lost track of or never detected a lead vehicle in its path.”

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The next steps of the NHTSA Engineering Analysis require the agency to gather further information on Tesla’s attempts to upgrade the degradation detection system. It will also analyze six recent potentially related incidents.

The investigation is listed as EA26002.

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