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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 has a Cybercab problem nobody saw coming

Tesla’s Cybercab line now builds robotaxis faster than Tesla can deploy them, Lars Moravy says.

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Tesla’s Cybercab line in Texas can now build the two seat robotaxi faster than the company can put it into service, according to Lars Moravy, Tesla’s Vice President of Vehicle Engineering. “We don’t run every day because the line can run so fast. It’s currently outpacing our deployments,” Moravy said in a new Cybercab deep dive from Munro Live. “So, it’s a bit of a race right now. Who’s going to go faster? Right now the manufacturing line’s ahead.”

Tesla’s official Robotaxi account shared a Cybercab analysis video on X on Monday, calling it a “Cybercab engineering deep dive.” Moravy’s comments go further than what he told analysts on the Q3 earnings call last week, when he said the Cybercab line’s listed capacity of more than 125,000 units a year undersells what it can actually run.

The tour shows where that speed comes from. Tesla’s unboxed process splits the Cybercab into front, rear, side and center modules that are built and tested on their own before they meet on a short final line. That final line has just 25 fully automated stations, which Tesla’s team estimated is a fifth to a tenth of what a Model Y needs. The full line is about 78% automated, the framing line is already at 100%, and the layout uses roughly 50% less floor space per vehicle. The stated goal is “100% automation in 10 second cycle time,” or one finished Cybercab every 10 seconds.

Tesla also deleted the paint shop. Only the side modules are coated, and the exterior panels get their color inside the molding machine. Engineers said the car is designed to run at least 500,000 miles, which matters for a vehicle that will spend most of its day carrying riders.

The battery got the same treatment. The Cybercab uses an 88S6P pack of 4680 cells in a steel enclosure, a first for Tesla, with each module potted separately so a single failed module can be swapped instead of the whole pack. Wireless battery management boards replace a wiring harness, and new contactors are fast enough to drop the pyro fuse entirely. Tesla’s battery director graded the pack an A minus, compared with a D for the Model Y structural pack and a B minus for Cybertruck. Up front, the drive unit runs an 11:1 gear ratio versus roughly 9:1 on most Teslas, since the Cybercab does not need a high top speed.

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The deployment side is now the bottleneck Moravy described. Tesla had more than 50 Cybercabs working the Formula 1 weekend in Austin, and Texas records show 463 Cybercabs registered. Tesla said on its earnings call that Cybercab service will launch in Dallas next month, and Moravy said the company is aiming to get Cybercabs to customers by the end of 2026. Every unit built so far has gone into Tesla’s own fleet since the line moved into volume production in April.

Munro Live also asked when it could get a Cybercab to tear down. Tesla’s answer: “Not yet.”

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How SpaceX Is raising Raptor’s sea-level thrust while holding engine mass steady

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Credit: SpaceX

SpaceX’s Raptor engine family has steadily increased sea-level thrust while simultaneously reducing mass, turning iterative engineering gains into substantially higher performance for the Super Heavy booster. CEO Elon Musk shed more light on how powerful Raptor 4 will be, and it’s pretty crazy.

Raptor 1 delivered 185 metric tons of thrust at roughly 2,080 kilograms, while Raptor 2 raised that to 230 tons while cutting mass to about 1,630 kilograms. SpaceX data for Raptor 3 lists a target of 280 tons at 1,525 kilograms (with further reductions in associated vehicle hardware), while operational flight ratings have been cited near 250 tons.

This morning, Elon Musk stated that Raptor 4 is expected to reach 300 tons of sea-level thrust at roughly the same mass as Raptor 3. Across these versions, thrust has risen by more than 60 percent from the first engines while engine mass has fallen, producing a sharp improvement in thrust-to-weight ratio. This is a true testament to how great SpaceX engineering has been:

With 33 engines on SuperHeavy, the jump from earlier versions to a 300-ton Raptor 4 would produce roughly 9,900 metric tons of total liftoff thrust, nearly three times the Saturn V’s approximately 3,400 metric tons from its five F-1 engines.

This is not just a larger number on a data sheet, either, as sea-level thrust is the force available the moment the vehicle leaves the pad. This is when it is heaviest and still deep in Earth’s gravity well and dense atmosphere.

Higher levels of sea-level thrust directly improves the initial thrust-to-weight ratio of the full stack. A higher ratio produces faster acceleration off the pad, which shortens the time the rocket has to spend fighting gravity, and gravity losses during the first minute or two of the flight are a major drain on total available delta-v. Every second shaved off of that early climb preserves more propellant energy for reaching orbital velocity or for carrying extra payload.

Because Super Heavy’s engine count is constrained by vehicle diameter and packing density, increasing thrust per engine is the most straightforward way to raise total liftoff performance without redesigning the booster structure or design.

The same-mass target for Raptor 4 is equally important. Holding engine mass roughly constant while raising thrust improves the engine’s own thrust-to-weight ratio and reduces the structural and propellant mass fraction that must be carried solely to support the engines.

Earlier Raptor iterations also simplified or eliminated extensive vehicle-side hardware such as heat shields. These gains compound: more force for less installed mass leaves additional capacity for propellant, payload, or operational margins such as engine-out capability.

For Starship’s architecture, the practical effects are large. Greater liftoff thrust supports heavier vehicles, larger propellant loads, and higher payloads to low Earth orbit, figures SpaceX has targeted in the 100-plus-ton reusable range. That capacity underpins orbital refueling, lunar missions, and eventual Mars cargo and crew flights.

Continued growth in sea-level thrust therefore tightens the gap between theoretical rocket performance and the high flight rates and reusability needed to make large-scale space transport practical.

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Tesla Assisted Driving expands to tenth EU country

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Tesla has expanded its Tesla Assisted Driving (TAD) suite to its tenth European country, as Latvia joined a growing list of European Union member states authorizing the company’s advanced driver assistance technology.

Tesla Europe announced this morning that the system is now approved in Latvia, with a software rollout to begin soon.

The approval and rollout follow recognition of a provisional European type approval originally granted by the Netherlands’ RDW authority on April 10.

Latvia’s Road Traffic Safety Directorate (CSDD) evaluated the Dutch documentation, coordinated with the other national authorities, and reviewed updates from Tesla. These included tightened limits on speed offsets, automatic resets of any manual speed adjustments after each trip, and stronger driver monitoring.

In Europe, the feature is marketed as Tesla Assisted Driving after a recent rule change that labeled the name “Full Self-Driving” as misleading.

Tesla starts showing how FSD will change lives in Europe

The system remains an SAE Level 2 driver assistance tool, not unsupervised autonomy. It can control speed, steering, braking, lane changes, and intersections while following a navigation route. Drivers need not keep their hands on the wheel at all times, yet they must continuously monitor the road and be prepared to intervene immediately.

The sequence of EU recognitions began with the Netherlands in April and continued through Lithuania, Estonia, Denmark, Belgium, Slovenia, Czechia, Croatia, and Slovakia. Most have relied on mutual recognition of the single Dutch provisional approval rather than independent national testing.

These national clearances do not yet constitute bloc-wide authorization. An EU-wide decision requires a qualified majority in the Technical Committee on Motor Vehicles: at least 15 of 27 member states representing 65 percent of the EU population. Larger markets, like Germany, France, and Italy, remain under review, and a vote is expected this December.

However, for Latvian Tesla owners with compatible vehicles and software, the imminent rollout expands access to the supervised system while underscoring that attentive human oversight remains essential.

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