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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

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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. 

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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.

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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 CEO Elon Musk teases insane capabilities of next major FSD update

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Credit: Tesla China/Weibo

Tesla CEO Elon Musk teased the insane capabilities of the next major Full Self-Driving update just hours after the company rolled out version 14.2 to owners.

Tesla Full Self-Driving v14.2 had some major improvements from the previous iteration of v14.1.x. We were on v14.1.7, the most advanced configuration of the v14.1 family, before Tesla transitioned us and others to v14.2.

However, Musk has said that the improvements coming in the next major update, which will be v14.3, will be where “the last big piece of the puzzle finally lands.”

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There were some major improvements with v14.2, most notably, Tesla seemed to narrow in on the triggers that caused issues with hesitation and brake stabbing in v14.1.x.

One of the most discussed issues with the past rollout was that of brake stabbing, where the vehicle would contemplate proceeding with a route as traffic was coming from other directions.

We experienced it most frequently at intersections, especially four-way stop signs.

Elon Musk hints at when Tesla can fix this FSD complaint with v14

In our review of it yesterday, it was evident that this issue had been resolved, at least to the extent that we had no issues with it in a 62-minute drive, which you can watch here.

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Some owners also reported a more relaxed driver monitoring system, which is something Tesla said it was working on as it hopes to allow drivers to text during operation in the coming months. We did not test this, as laws in Pennsylvania prohibit the use of phones at any time due to the new Paul Miller’s Law, which took effect earlier this year.

However, the improvements indicate that Tesla is certainly headed toward a much more sentient FSD experience, so much so that Musk’s language seems to be more indicative of a more relaxed experience in terms of overall supervision from the driver, especially with v14.3.

Musk did not release or discuss a definitive timeline for the release of v14.3, especially as v14.2 just rolled out to Early Access Program (EAP) members yesterday. However, v14.1 rolled out to Tesla owners just a few weeks ago in late 2025. There is the potential that v14.3 could be part of the coming Holiday Update, or potentially in a release of its own before the New Year.

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Tesla Full Self-Driving v14.2 – Full Review, the Good and the Bad

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Credit: Teslarati

Tesla rolled out Full Self-Driving version 14.2 yesterday to members of the Early Access Program (EAP). Expectations were high, and Tesla surely delivered.

With the rollout of Tesla FSD v14.2, there were major benchmarks for improvement from the v14.1 suite, which spanned across seven improvements. Our final experience with v14.1 was with v14.1.7, and to be honest, things were good, but it felt like there were a handful of regressions from previous iterations.

While there were improvements in brake stabbing and hesitation, we did experience a few small interventions related to navigation and just overall performance. It was nothing major; there were no critical takeovers that required any major publicity, as they were more or less subjective things that I was not particularly comfortable with. Other drivers might have been more relaxed.

With v14.2 hitting our cars yesterday, there were a handful of things we truly noticed in terms of improvement, most notably the lack of brake stabbing and hesitation, a major complaint with v14.1.x.

However, in a 62-minute drive that was fully recorded, there were a lot of positives, and only one true complaint, which was something we haven’t had issues with in the past.

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The Good

Lack of Brake Stabbing and Hesitation

Perhaps the most notable and publicized issue with v14.1.x was the presence of brake stabbing and hesitation. Arriving at intersections was particularly nerve-racking on the previous version simply because of this. At four-way stops, the car would not be assertive enough to take its turn, especially when other vehicles at the same intersection would inch forward or start to move.

This was a major problem.

However, there were no instances of this yesterday on our lengthy drive. It was much more assertive when arriving at these types of scenarios, but was also more patient when FSD knew it was not the car’s turn to proceed.

This improvement was the most noticeable throughout the drive, along with fixes in overall smoothness.

Speed Profiles Seem to Be More Reasonable

There were a handful of FSD v14 users who felt as if the loss of a Max Speed setting was a negative. However, these complaints will, in our opinion, begin to subside, especially as things have seemed to be refined quite nicely with v14.2.

Freeway driving is where this is especially noticeable. If it’s traveling too slow, just switch to a faster profile. If it’s too fast, switch to a slower profile. However, the speeds seem to be much more defined with each Speed Profile, which is something that I really find to be a huge advantage. Previously, you could tell the difference in speeds, but not in driving styles. At times, Standard felt a lot like Hurry. Now, you can clearly tell the difference between the two.

It seems as if Tesla made a goal that drivers should be able to tell which Speed Profile is active if it was not shown on the screen. With v14.1.x, this was not necessarily something that could be done. With v14.2, if someone tested me on which Speed Profile was being used, I’m fairly certain I could pick each one.

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Better Overall Operation

I felt, at times, especially with v14.1.7, there were some jerky movements. Nothing that was super alarming, but there were times when things just felt a little more finicky than others.

v14.2 feels much smoother overall, with really great decision-making, lane changes that feel second nature, and a great speed of travel. It was a very comfortable ride.

The Bad

Parking

It feels as if there was a slight regression in parking quality, as both times v14.2 pulled into parking spots, I would have felt compelled to adjust manually if I were staying at my destinations. For the sake of testing, at my first destination, I arrived, allowed the car to park, and then left. At the tail-end of testing, I walked inside the store that FSD v14.2 drove me to, so I had to adjust the parking manually.

This was pretty disappointing. Apart from parking at Superchargers, which is always flawless, parking performance is something that needs some attention. The release notes for v14.2. state that parking spot selection and parking quality will improve with future versions.

However, this was truly my only complaint about v14.2.

You can check out our full 62-minute ride-along below:

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SpaceX issues statement on Starship V3 Booster 18 anomaly

The incident unfolded during gas-system pressure testing at the company’s Massey facility in Starbase, Texas. 

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Credit: SpaceX/X

SpaceX has issued an initial statement about Starship Booster 18’s anomaly early Friday. The incident unfolded during gas-system pressure testing at the company’s Massey facility in Starbase, Texas. 

SpaceX’s initial comment

As per SpaceX in a post on its official account on social media platform X, Booster 18 was undergoing gas system pressure tests when the anomaly happened. Despite the nature of the incident, the company emphasized that no propellant was loaded, no engines were installed, and personnel were kept at a safe distance from the booster, resulting in zero injuries.

“Booster 18 suffered an anomaly during gas system pressure testing that we were conducting in advance of structural proof testing. No propellant was on the vehicle, and engines were not yet installed. The teams need time to investigate before we are confident of the cause. No one was injured as we maintain a safe distance for personnel during this type of testing. The site remains clear and we are working plans to safely reenter the site,” SpaceX wrote in its post on X. 

Incident and aftermath

Livestream footage from LabPadre showed Booster 18’s lower half crumpling around the liquid oxygen tank area at approximately 4:04 a.m. CT. Subsequent images posted by on-site observers revealed extensive deformation across the booster’s lower structure. Needless to say, spaceflight observers have noted that Booster 18 would likely be a complete loss due to its anomaly.

Booster 18 had rolled out only a day earlier and was one of the first vehicles in the Starship V3 program. The V3 series incorporates structural reinforcements and reliability upgrades intended to prepare Starship for rapid-reuse testing and eventual tower-catch operations. Elon Musk has been optimistic about Starship V3, previously noting on X that the spacecraft might be able to complete initial missions to Mars.

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