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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

Tesla owners keep coming back for more

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Tesla has taken home the “Overall Loyalty to Make” award from S&P Global Mobility for the fourth consecutive year, reinforcing Tesla owners’ willingness to come back. The 2025 awards are based on S&P Global Mobility’s analysis of 13.6 million new retail vehicle registrations in the U.S. from October 2024 through September 2025. The complete list of 2025 winners includes General Motors for Overall Loyalty to Manufacturer, Tesla for Overall Loyalty to Make, Chevrolet Equinox for Overall Loyalty to Model, Mini for Most Improved Make Loyalty, Subaru for Overall Loyalty to Dealer, and Tesla again for both Ethnic Market Loyalty to Make and Highest Conquest Percentage.

Tesla’s streak in this category started in 2022, and the brand has now won the Highest Conquest Percentage award for six straight years, meaning it keeps pulling buyers away from other brands at a rate no competitor has matched. Tesla’s retention among Asian households reached 63.6% and among Hispanic households 61.9%, rates that significantly outpace national averages for those groups. That breadth of appeal across demographics adds a layer of significance to a win that some might dismiss as routine.

The timing matters too. After several consecutive quarters of decline, Tesla’s share of U.S. EV sales jumped to 59% in Q4 2025. That rebound, arriving just as competitors were flooding the market with new models and incentives, suggests Tesla’s loyalty numbers are not simply the result of limited alternatives. Buyers are still choosing it when they have plenty of other options.

What keeps Tesla owners coming back has a lot to do with the  and convenience of charging. The Supercharger network is the most straightforward example. With over 65,000 Superchargers globally, it remains the largest and most reliable fast-charging network in the world, and owners who have built their routines around it face a real practical cost when considering a switch. Competitors have made progress, but the consistency, speed, and availability of Tesla’s network is still the benchmark the rest of the industry is chasing.  Then there is the software side. Tesla has built a model where the car you own today is functionally different from the car you bought two years ago, through over-the-air updates that add continuous game-changing improvements such as Full Self-Driving that has moved from a driver-assist feature to an increasingly capable autonomous system. For many Tesla owners, leaving the brand means starting over with a car that will not get meaningfully better over time, and that is a trade-off fewer and fewer are willing to make.

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Tesla Robotaxi service in Austin achieves monumental new accomplishment

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Credit: Tesla

Tesla Robotaxi services in Austin have been operating since last Summer, but Tesla has admittedly been delayed in its expansion of the geofence, fleet size, and other details in a bid to prioritize safety as new technology rolls out.

But those barriers are being broken with new guardrails being removed from the program.

Tesla has achieved a significant advancement in its autonomous ride-hailing program. As of May 4, the Robotaxi fleet in Austin, Texas, has begun operating unsupervised during evening hours for the first time. This expansion moves beyond previous limitations that restricted unsupervised service to daylight hours, typically ending in mid-afternoon.

The change brings Austin in line with operations in Dallas and Houston. Those cities have supported evening unsupervised runs since their initial launches in April, and both recently received additions of new unsupervised vehicles to their fleets. This coordinated progress across Texas strengthens Tesla’s regional presence and provides a broader testing ground for the technology.

This milestone carries substantial weight in the development of autonomous vehicles. Extending operations into low-light conditions meaningfully expands the Robotaxi’s operational design domain (ODD)—the specific environments and scenarios in which the system is approved to operate safely without human intervention.

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Nighttime driving presents unique technical demands: diminished visibility, headlight glare from oncoming traffic, reduced contrast for identifying pedestrians and lane markings, and greater variability in camera sensor exposure.

Tesla Cybercab just rolled through Miami inside a glass box

Tesla’s pure vision approach, powered by neural networks trained on vast real-world datasets rather than lidar or pre-mapped routes, must handle these variables reliably. Demonstrating consistent unsupervised performance after sunset validates the robustness of the end-to-end AI stack and its ability to generalize across diverse lighting conditions.

Beyond technical validation, the expansion holds important operational and economic implications. Evening hours often coincide with peak urban demand for rides, including commutes, dining, and entertainment outings.

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Enabling service during these periods increases daily vehicle utilization, allowing each Robotaxi to generate more revenue while gathering additional high-value training data. Higher utilization accelerates the virtuous cycle of data collection, model improvement, and further ODD growth.

Looking ahead, this step paves the way for more ambitious rollouts. Success in low-light environments positions Tesla to pursue near-24-hour operations, potentially integrating highways and expanding into varied weather patterns. Regulators worldwide frequently demand evidence of safe performance across day-night cycles before granting wider approvals.

Proven capability in Texas could expedite deployments in planned cities such as Phoenix, Miami, Orlando, Tampa, and Las Vegas during the first half of 2026.

Tesla confirms Robotaxi expansion plans with new cities and aggressive timeline

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Moreover, scaling evening service supports Tesla’s long-term vision of a high-efficiency robotaxi network. Greater fleet productivity lowers the cost per mile, making autonomous mobility more accessible and competitive against traditional ride-hailing.

As the company iterates on software updates informed by nighttime data, reliability is expected to compound rapidly, unlocking denser urban coverage and longer-distance trips.

In summary, the introduction of an unsupervised evening Robotaxi service in Austin represents more than an incremental schedule adjustment. It signals a critical maturation of the underlying technology and sets the foundation for broader geographic and temporal expansion.

With Texas operations gaining momentum, Tesla is steadily advancing toward transforming urban transportation at scale.

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Cybertruck

Tesla Cybercab just rolled through Miami inside a glass box

Tesla paraded a Cybercab in a glass display at Miami’s F1 Grand Prix event this week.

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Tesla Cybercab at the Miami F1 Fan Fest 2026: Credit: TESLARATI

Tesla set up an “Autonomy Pop-Up” at Lummus Park in Miami Beach from April 29 through May 3, 2026, embedded within the official F1 Miami Grand Prix Fan Fest.  The centerpiece was a Cybertruck towing the Cybercab inside a glass display case marked “Future is Autonomous,” rolling through the beachfront crowd.

Miami is on Tesla’s confirmed list of cities for robotaxi expansion in the first half of 2026, making the promotion a strategic promotion that lays groundwork in a target market.

This was not Tesla’s first time using Miami as a showcase city. In December 2025, Tesla hosted “The Future of Autonomy Visualized” at its Miami Design District showroom, coinciding with Art Basel Miami Beach. That event featured the Cybercab prototype and Optimus robots interacting with attendees. The F1 pop-up this week marks Tesla’s return to Miami and follows a pattern Tesla has been running since early 2026. Just two weeks before Miami, Tesla stationed Optimus at the Tesla Boston Boylston Street showroom on April 19 and 20, directly on the final stretch of the Boston Marathon, letting tens of thousands of runners and spectators meet the robot for free, generating massive earned media at zero advertising cost.

Tesla is sending its humanoid Optimus robot to the Boston Marathon

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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. On the production side, Musk told shareholders that the Cybercab manufacturing process could eventually produce up to 5 million vehicles per year, targeting a cycle time of one unit every ten seconds. Scaling robotaxis to 10 million operational units over the next ten years is a key condition of his compensation package, alongside selling 20 million passenger vehicles.

As for the Cybercab’s price, Musk has said buyers will be able to purchase one for under $30,000, with an average operating cost around $0.20 per mile. Whether those numbers hold through full production remains to be seen.

Cybercab at F1 Fan Fest in Miami
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