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SEC continues to argue for Elon Musk’s “Twitter sitter” deal

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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

Elon Musk’s X will start using a Tesla-like software update strategy

The initiative seems designed to accelerate updates to the social media platform, while maintaining maximum transparency.

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Ministério Das Comunicações, CC BY 2.0 , via Wikimedia Commons

Elon Musk’s social media platform X will adopt a Tesla-esque approach to software updates for its algorithm.

The initiative seems designed to accelerate updates to the social media platform, while maintaining maximum transparency.

X’s updates to its updates

As per Musk in a post on X, the social media company will be making a new algorithm to determine what organic and advertising posts are recommended to users. These updates would then be repeated every four weeks. 

“We will make the new 𝕏 algorithm, including all code used to determine what organic and advertising posts are recommended to users, open source in 7 days. This will be repeated every 4 weeks, with comprehensive developer notes, to help you understand what changed,” Musk wrote in his post.

The initiative somewhat mirrors Tesla’s over-the-air update model, where vehicle software is regularly refined and pushed to users with detailed release notes. This should allow users to better understand the details of X’s every update and foster a healthy feedback loop for the social media platform.

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xAI and X

X, formerly Twitter, has been acquired by Elon Musk’s artificial intelligence startup, xAI last year. Since then, xAI has seen a rapid rise in valuation. Following the company’s the company’s upsized $20 billion Series E funding round, estimates now suggest that xAI is worth tens about $230 to $235 billion. That’s several times larger than Tesla when Elon Musk received his controversial 2018 CEO Performance Award. 

As per xAI, the Series E funding round attracted a diverse group of investors, including Valor Equity Partners, Stepstone Group, Fidelity Management & Research Company, Qatar Investment Authority, MGX, and Baron Capital Group, among others. Strategic partners NVIDIA and Cisco Investments also continued support for building the world’s largest GPU clusters.

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Tesla FSD Supervised wins MotorTrend’s Best Driver Assistance Award

The decision marks a notable reversal for the publication from prior years, with judges citing major real-world improvements that pushed Tesla’s latest FSD software ahead of every competing ADAS system.

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Credit: Grok Imagine

Tesla’s Full Self-Driving (Supervised) system has been named the best driver-assistance technology on the market, earning top honors at the 2026 MotorTrend Best Tech Awards

The decision marks a notable reversal for the publication from prior years, with judges citing major real-world improvements that pushed Tesla’s latest FSD software ahead of every competing ADAS system. And it wasn’t even close. 

MotorTrend reverses course

MotorTrend awarded Tesla FSD (Supervised) its 2026 Best Tech Driver Assistance title after extensive testing of the latest v14 software. The publication acknowledged that it had previously criticized earlier versions of FSD for erratic behavior and near-miss incidents, ultimately favoring rivals such as GM’s Super Cruise in earlier evaluations.

According to MotorTrend, the newest iteration of FSD resolved many of those shortcomings. Testers said v14 showed far smoother behavior in complex urban scenarios, including unprotected left turns, traffic circles, emergency vehicles, and dense city streets. While the system still requires constant driver supervision, judges concluded that no other advanced driver-assistance system currently matches its breadth of capability.

Unlike rival systems that rely on combinations of cameras, radar, lidar, and mapped highways, Tesla’s FSD operates using a camera-only approach and is capable of driving on city streets, rural roads, and freeways. MotorTrend stated that pure utility, the ability to handle nearly all road types, ultimately separated FSD from competitors like Ford BlueCruise, GM Super Cruise, and BMW’s Highway Assistant.

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High cost and high capability

MotorTrend also addressed FSD’s pricing, which remains significantly higher than rival systems. Tesla currently charges $8,000 for a one-time purchase or $99 per month for a subscription, compared with far lower upfront and subscription costs from other automakers. The publication noted that the premium is justified given FSD’s unmatched scope and continuous software evolution.

Safety remained a central focus of the evaluation. While testers reported collision-free operation over thousands of miles, they noted ongoing concerns around FSD’s configurable driving modes, including options that allow aggressive driving and speeds beyond posted limits. MotorTrend emphasized that, like all Level 2 systems, FSD still depends on a fully attentive human driver at all times.

Despite those caveats, the publication concluded that Tesla’s rapid software progress fundamentally reshaped the competitive landscape. For drivers seeking the most capable hands-on driver-assistance system available today, MotorTrend concluded Tesla FSD (Supervised) now stands alone at the top.

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Elon Musk’s Grokipedia surges to 5.6M articles, almost 79% of English Wikipedia

The explosive growth marks a major milestone for the AI-powered online encyclopedia, which was launched by Elon Musk’s xAI just months ago.

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UK Government, CC BY 2.0 , via Wikimedia Commons

Elon Musk’s Grokipedia has grown to an impressive 5,615,201 articles as of today, closing in on 79% of the English Wikipedia’s current total of 7,119,376 articles. 

The explosive growth marks a major milestone for the AI-powered online encyclopedia, which was launched by Elon Musk’s xAI just months ago. Needless to say, it would only be a matter of time before Grokipedia exceeds English Wikipedia in sheer volume.

Grokipedia’s rapid growth

xAI’s vision for Grokipedia emphasizes neutrality, while Grok’s reasoning capabilities allow for fast drafting and fact-checking. When Elon Musk announced the initiative in late September 2025, he noted that Grokipedia would be an improvement to Wikipedia because it would be designed to avoid bias. 

At the time, Musk noted that Grokipedia “is a necessary step towards the xAI goal of understanding the Universe.”

Grokipedia was launched in late October, and while xAI was careful to list it only as Version 0.1 at the time, the online encyclopedia immediately earned praise. Wikipedia co-founder Larry Sanger highlighted the project’s innovative approach, noting how it leverages AI to fill knowledge gaps and enable rapid updates. Netizens also observed how Grokipedia tends to present articles in a more objective manner compared to Wikipedia, which is edited by humans.

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Elon Musk’s ambitious plans

With 5,615,201 total articles, Grokipedia has now grown to almost 79% of English Wikipedia’s article base. This is incredibly quick, though Grokipedia remains text-only for now. xAI, for its part, has now updated the online encyclopedia’s iteration to v0.2. 

Elon Musk has shared bold ideas for Grokipedia, including sending a record of the entire knowledge base to space as part of xAI’s mission to preserve and expand human understanding. At some point, Musk stated that Grokipedia will be renamed to Encyclopedia Galactica, and it will be sent to the cosmos

“When Grokipedia is good enough (long way to go), we will change the name to Encyclopedia Galactica. It will be an open source distillation of all knowledge, including audio, images and video. Join xAI to help build the sci-fi version of the Library of Alexandria!” Musk wrote, adding in a later post that “Copies will be etched in stone and sent to the Moon, Mars and beyond. This time, it will not be lost.”

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