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.
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.
Tesla is going to fix the nearly 219,000 vehicles that it recalled due to an issue with the rearview camera with a simple software update, giving owners no need to travel to a service center to resolve the problem.
Tesla is formally recalling 218,868 U.S. vehicles after regulators discovered a software glitch that can delay the rearview camera image by up to 11 seconds when drivers shift into reverse.
The affected models include certain 2024-2025 Model 3 and Model Y, as well as 2023-2025 Model S and Model X vehicles running software version 2026.8.6 and equipped with Hardware 3 computers. The National Highway Traffic Safety Administration (NHTSA) determined the lag violates Federal Motor Vehicle Safety Standard 111 on rear visibility and could increase crash risk.
Yet this is no ordinary recall. Owners do not need to schedule a service-center visit, hand over keys, or wait for parts.
Tesla fans call for recall terminology update, but the NHTSA isn’t convinced it’s needed
Tesla identified the issue on April 10, halted further deployment of the faulty firmware the same day, and began pushing a corrective over-the-air (OTA) software update on April 11.
By the time the NHTSA posted the recall notice on May 6, more than 99.92 percent of the affected fleet had already received the fix. Tesla reports no crashes, injuries, or fatalities linked to the glitch.
The episode underscores a deeper problem with regulatory language. For decades, “recall” meant hauling a vehicle to a dealership for hardware repairs or replacements. That definition no longer fits software-defined cars. When a fix arrives wirelessly in minutes — identical to an iPhone update — the term evokes unnecessary alarm and misleads the public about the actual risk and remedy.
Elon Musk has repeatedly called for exactly this change. After earlier NHTSA actions, he stated plainly: “The terminology is outdated & inaccurate. This is a tiny over-the-air software update.” On another occasion, he added that labeling OTA fixes as recalls is “anachronistic and just flat wrong.”
The terminology is outdated & inaccurate. This is a tiny over-the-air software update. To the best of our knowledge, there have been no injuries.
— Elon Musk (@elonmusk) September 22, 2022
Musk’s point is simple: regulators must evolve their vocabulary to match the technology. Traditional recalls involve physical intervention and downtime; OTA updates do not. Retaining the old label distorts consumer perception, inflates perceived defect rates, and slows the industry’s shift to faster, safer software iteration.
Tesla’s rapid, remote remedy demonstrates the safety advantage of over-the-air capability. Problems that once required weeks of dealer appointments are now resolved in hours, often before most owners notice. As more automakers adopt software-first designs, the entire regulatory framework needs to catch up.
Updating “recall” terminology would align language with reality, reduce public confusion, and recognize that modern vehicles are no longer static hardware — they are continuously improving computers on wheels.
For the 219,000 Tesla owners involved, the process is already complete. The camera works, the car is safe, and no one left their driveway. That is the new standard — and the vocabulary should reflect it.
News
Tesla is seeing record sales rebounds in key markets globally
Tesla reported robust sales momentum in April 2026, extending a multi-month recovery in its two largest markets amid intensifying global EV competition.
Tesla is seeing record sales rebounds in key markets across the world, and as skeptics and bears of the company that builds electric powertrains rejoice on the weak registration figures that have been reported in the past, the Musk-fronted company is keen on making a comeback.
Tesla reported robust sales momentum in April 2026, extending a multi-month recovery in its two largest markets amid intensifying global EV competition.
While the company does not release official monthly global delivery figures—reserving those for quarterly reports—data from local registration and wholesale sources show significant year-over-year gains in China and several European countries, building on a turnaround from 2025’s declines.
In China, Tesla’s Shanghai Gigafactory shipped 79,478 Model 3 and Model Y vehicles in April, a 36% increase from the same month last year. The figure marks the sixth consecutive month of year-on-year growth for China-made EVs, which include both domestic sales and exports to Europe and other regions.
Although down slightly from March’s 85,670 units, the April performance underscores Tesla’s resilience against domestic rivals like BYD. Wholesale volumes from the plant have helped Tesla regain ground after softer retail figures earlier in the year, with analysts noting improved demand fueled by competitive pricing and new configurations
Europe also delivered encouraging results. Registrations—a close proxy for sales—surged in multiple countries. France posted a 112 percent jump, Sweden 111%, Denmark 102%, and Ireland 100%. The Netherlands rose 23%, while Belgium and Romania recorded gains of 47% and 53%, respectively.
These double- and triple-digit increases reflect a broader EV market recovery across the continent, where battery-electric vehicle market share climbed to 20.5% in Q1 2026 from 13.2% a year earlier. Chinese brands continue to challenge Tesla’s position in some markets, but the U.S. automaker’s rebound has been widespread in Northern and Western Europe.
Germany, Europe’s largest auto market, contributed to the positive momentum. Although full April registration data had not yet been released as of early May, March’s figures were record-setting: 9,252 Tesla vehicles registered, a staggering 315% increase year-over-year and the company’s strongest March performance in years.
Germany reported 3,149 Tesla sales and 1.3% market share in April. BEV penetration is 25.8% and Tesla has 4.9% of this segment. 🇩🇪
• +256% vs. April last year and +142% compared to January the first month of the previous quarter
• Best April ever
• Highest first month of the… pic.twitter.com/n4MIJv4w6t— Roland Pircher (@piloly) May 7, 2026
That month alone accounted for 72% of Tesla’s Q1 total in Germany (12,829 units, up 160%). Industry observers expect April to follow suit, supported by new EV subsidies and rising fuel prices.
The April figures come after Tesla’s Q1 2026 global deliveries of 358,023 vehicles, which showed modest growth but trailed some analyst expectations. The European and Chinese rebounds suggest accelerating demand heading into Q2, driven by refreshed lineups, competitive pricing, and expanding charging infrastructure.
However, Tesla faces ongoing pressure from lower-cost Chinese competitors and softening demand in select markets like Norway and Portugal, where April registrations fell sharply.
Overall, April’s data paints an optimistic picture for Tesla. The company’s ability to post consistent growth in China while reclaiming share in Europe signals renewed strength after 2025’s challenges.
Investors and analysts will watch closely for May and June numbers as Tesla prepares its Q2 report, which could confirm whether this rebound translates into sustained record-setting momentum. With approximately 450 words, this snapshot highlights how targeted execution is paying dividends in Tesla’s most critical regions
Lifestyle
Tesla Semi hauls fresh Cybercab batch as Robotaxi era takes hold
A Tesla Semi was filmed hauling Cybercab units out of Giga Texas for the first time.
A Tesla Semi loaded with Cybercab units was recently filmed leaving Gigafactory Texas, marking what appears to be the first documented delivery run of Tesla’s autonomous two-seater. The footage shows multiple Cybercabs secured on a flatbed trailer being hauled by a production Tesla Semi, a truck rated for a gross combination weight of 82,000 lbs. The location is consistent with Giga Texas in Austin, where Cybercab production has been ramping since February 2026.
The sighting follows a wave of Cybercab activity at the Austin facility. In late April, drone operator Joe Tegtmeyer spotted approximately 60 Cybercabs parked in two organized groups in the factory’s outbound lot, the largest concentration observed to date. Units being staged in an outbound lot is a standard pre-delivery step, and the Semi footage is the logical next frame in that sequence.
En route with @tesla_semi pic.twitter.com/ZfuOjaeLH1
— Tesla Robotaxi (@robotaxi) May 7, 2026
This is not the first time Tesla has used its own Semi to move Tesla products. When the Semi was unveiled in 2017, Musk noted it would be used for Tesla’s own operations, and over the years Semi prototypes were spotted carrying cargo ranging from concrete weights to Tesla vehicles being delivered to consumers. In 2023, a Semi was photographed transporting a Cybertruck on a trailer ahead of that vehicle’s delivery launch.
The Cybercab itself was first revealed publicly at Tesla’s “We, Robot” event on October 10, 2024, at Warner Bros. Studios in Burbank, where 20 pre-production units gave attendees rides around the studio lot. Musk stated at the event that Tesla intends to produce the Cybercab before 2027. The first production unit rolled off the Giga Texas line on February 17, 2026, with Musk posting on X: “Congratulations to the Tesla team on making the first production Cybercab.”
Tesla’s annual production goal is 2 million Cybercabs per year once multiple factories reach full design capacity, with the company targeting a price under $30,000 per unit. Tesla has confirmed plans to expand its robotaxi service to seven cities in the first half of 2026, including Dallas, Houston, Phoenix, Miami, Orlando, Tampa, and Las Vegas, building on the unsupervised service already running in Austin. Musk has said he expects robotaxis to cover between a quarter and half of the United States by end of year.
Tesla to fix 219k vehicles in recall with simple software update
Tesla is seeing record sales rebounds in key markets globally
