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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. 

“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. 

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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

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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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Tesla Cybercab is coming to Asia this month as US service officially begins

Tesla Asia says Cybercab will be on display in Hong Kong, Tokyo, Beijing and Shanghai this month.

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Concept image of Tesla Cybercab in the streets of Hong Kong via Grok
Concept image of Tesla Cybercab in the streets of Hong Kong via Grok

Tesla’s Cybercab is heading to Asia. The official Tesla Asia account posted on X Thursday, inviting Cybercab fans to “Come experience the future of autonomy in Hong Kong, Tokyo, Beijing & Shanghai.” The post went up within hours of Tesla’s own Cybercab milestone in Texas, where the company said Thursday it had begun offering rides in across Austin.

Exact dates and venues for the Asia tour haven’t been released yet, though Tesla Hong Kong replied to the announcement with “Cybercab will be on display in Hong Kong soon,” while Tesla Japan’s response pointed fans to a sign up page for updates. Neither post mentions test rides or a service area, and nothing so far suggests Tesla is launching Robotaxi operations in any of the four cities. Based on how Tesla has run past Cybercab tours, in Europe in late 2024 and at US shopping centers that same December, the Asia stops are almost certainly static displays at Tesla stores or public venues as a means to stimulate buzz for its future driverless ride-hailing service in the big cities.

The timing lines up with Tesla’s only prior Cybercab appearance in the region, a booth at the China International Import Expo in Shanghai last November, which Teslarati covered at the time. At that event, Tesla’s regional general manager for Shanghai framed the car as evidence of the company’s broader mission, a message Tesla has since formalized in its Master Plan Part IV, which states that “autonomous vehicles have the capacity to dramatically improve the affordability, availability and safety of transportation while reducing pollution, particularly in our increasingly dense global cities.” The same document is where Tesla lays out its “sustainable abundance” framing for Cybercab and Optimus alike, describing the two as the hardware behind an AI driven push to cut the cost of transportation and labor at scale.

Whether Cybercab actually operates as a robotaxi anywhere in Asia remains an open question, considering China has already pushed an autonomous ride-hailing market that’s run on homegrown players like Baidu’s Apollo Go and Pony AI. For now, the four city tour reads as a marketing push timed to Austin’s momentum.

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Tesla Cybertruck targets job site crews with new Tailgate Utility Track and Bed Gear Box accessory

Tesla launched a $350 tailgate track and a $985 lockable Bed Gear Box for Cybertruck.

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Tesla Cybertruck construction site

Tesla’s Cybertruck team added two more items to the Tesla Shop, targeting job site crews and owners who use the truck bed for actual work rather than just showing it off. The official Cybertruck X account posted the Tailgate Utility Track and the Bed Gear Box within minutes of each other, part of a five item batch that also included a reflective jacket, a spray paint hat and an updated reflective tee.

The Tailgate Utility Track runs $350 and turns the folded down tailgate into another mounting surface. It’s a single aluminum track with a T-slot for sliding accessories and two L-track attachment points, plus two load stops included in the box. The pitch is straightforward: strap down oversized cargo, like lumber or a cooler, that hangs off the back of the bed without it sliding out mid-drive. It bolts onto the existing tailgate and works on every Cybertruck trim.

The Bed Gear Box costs $985 and is a different kind of accessory. It’s a lockable aluminum storage box, 55.78 inches long, 19.8 inches wide and 7.79 inches tall, that mounts to the bed’s L-track rails and comes with two internal bins for smaller items. According to Tesla, at just over 57 pounds empty, it’s meant to stay in place rather than come in and out with each trip, giving owners a factory-fit alternative to loose totes for tools, recovery gear or emergency supplies. Tesla’s listing notes that Long Range and Dual Motor AWD Cybertrucks need the L-Tracks accessory installed separately before the Gear Box will mount, since L-tracks come standard only on certain configurations.

Tesla Cybertruck bed gear box accessory

Tesla Cybertruck bed gear box accessory

Both accessories lean on the idea Tesla has been building toward since Elon Musk first described the Cybertruck’s third-party attachment strategy at the 2023 shareholder meeting, when he said the truck would ship with mounting points so outside companies, and Tesla itself, could keep adding gear without redesigning the bed. That’s the same L-track backbone underneath the tailgate shield and jumpseats Tesla launched last year, and the off-road armor package that arrived through the same X account in 2025.

Owners looking to round out the rest of the L-track ecosystem, cargo dividers, MOLLE panels, bed racks and similar gear, can find a wider range of options through our Cybertruck accessories collection.

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Tesla set to open Cybercab rides to the public, with no steering wheel or pedals

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Credit: Tesla

Update: Tesla has announced Cybercab will enter the public fleet on Friday, September 4 at 5 p.m. CT. The article and headline have been updated to reflect this.

Tesla Cybercab rides will officially open to the public in Austin, Texas, on Friday, September 4 at 5 p.m. CT, as the company confirmed on Thursday following its launch event that the two-seater would be available in the company’s Robotaxi fleet.

Cybercab is Tesla’s first vehicle completely void of any manual controls. It has no steering wheel and no pedals, and it will utilize Tesla’s Full Self-Driving fleet to operate. The first rides have already happened, as those at the event were able to hail a Cybercab to any location within the company’s geofence in Austin.

Tesla’s $25K car is the Cybercab with no steering wheel or pedals

The addition of Cybercab to the public Robotaxi fleet is a major statement in Tesla’s trek to launch fully autonomous driving. For years, critics have complained about the need for drivers to continuously supervise the vehicle.

With Cybercab, there are no manual controls in the cockpit other than to control the seat, the center screen, and the climate. The vehicle is fully geared toward being a living room on wheels in a sense: equipped with Starlink V5 satellites, CEO Elon Musk said the vehicle would enable 4K live video, gaming, and other entertainment options during travel.

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Musk noted that Cybercab is “designed and built for maximally efficient autonomous operation.”

Tesla continues to push the envelope on autonomy, and over the next several months, the company could start selling Cybercab units to the public.

The company opened up a public interest form on its website to gauge demand, and many have already submitted requests to purchase a fleet of Cybercab units for their own personal ride-hailing side hustle.

Tesla hints its already prepping for Cybercab fleet orders

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The launch of Cybercab in this area marks a major accomplishment for Tesla, as it also announced that it has reached 1 million unsupervised autonomous miles since launching driverless rides on the Robotaxi fleet.

Things are moving along at a fine pace, and although we have waited for this for some time, the day has finally come when Tesla is offering self-driving rides of some kind to the public.

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