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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. 

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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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SpaceXAI just launched into your kitchen with their new app

SpaceXAI just powered its first consumer app and it predicts what you want to buy.

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SpaceXAI just made its first move into consumer AI, and it involves your grocery cart. On June 3, 2026, Gopuff and SpaceXAI announced the launch of Go, a Grok-powered shopping assistant built directly into the Gopuff app that predicts what you need before you even start searching for it.

Gopuff is an instant delivery platform that operates more than 400 micro-fulfillment centers across the U.S., delivering everyday essentials, snacks, drinks, and household items in as little as 15 minutes. It is not a restaurant delivery app or a marketplace. It owns its inventory, controls its warehouses, and handles its own logistics, which means it has built one of the most detailed consumer behavior datasets in retail over its 13-year history.

Go combines SpaceXAI’s advanced reasoning, voice, and image generation models with Gopuff’s dataset of hundreds of millions of orders and real-time cultural signals from X to prepare a suggested cart the moment a customer opens the app. It learns each shopper’s habits and automatically builds a personalized cart based on time of day, location, order history, and real-time indicators. Returning customers can check out with a single tap.


Rather than searching for specific items, users can describe a situation like a game-day party or the desire for a healthy breakfast and Go will assemble a cart automatically. It can also predict when shoppers are running low on items like coffee or paper towels and have them packed and delivered in under 15 minutes. Grok voice integration lets users talk to the app in plain conversational language and check out completely hands-free.

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Gopuff co-founder and co-CEO Yakir Gola said: “Today, we believe the greatest friction left in commerce is not delivery or instantaneous access to the essentials customers need. It’s the moment before: the thinking, the deciding, the remembering. We’re combining Gopuff’s demand intelligence with xAI’s frontier reasoning to create an everyday shopping experience that feels like a true extension of you.”

Why SpaceX just made a $60 billion bet on AI coding ahead of historic IPO

The timing carries context beyond the product launch. SpaceXAI was formed after SpaceX completed an all-stock merger with Elon Musk’s xAI earlier this year, folding one of the most advanced AI labs in the world into the same corporate structure as the company preparing what could be the largest IPO in history. SpaceXAI is dipping into consumer-focused AI just as it prepares for its public debut, and while Musk has openly discussed building an everything app, this launch uses Grok to power another company’s product rather than launching a standalone consumer platform. Every consumer-facing deployment of Grok ahead of the IPO roadshow adds tangible evidence that SpaceXAI is not just an infrastructure play but a direct competitor in the AI application layer where OpenAI and Google are already fighting for dominance.

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Tesla piggybacks recent Supercharger feature with update that takes it further

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Credit: Tesla

Tesla has introduced an enhanced visualization in its Supercharger navigation system, building directly on the Site Maps feature rolled out a few months ago.

This latest software update adds detailed 3D icons that represent specific vehicle models parked at charging stalls, offering drivers a more precise view of site occupancy and layout.

The Site Maps debuted in Tesla’s 2025 Holiday Update, providing 3D overviews of select Supercharger locations with real-time stall availability.

Tesla supplements Holiday Update by sneaking in new Full Self-Driving version

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Drivers could see which spots were open, occupied, or out of service when navigating to supported stations.

Now, the system takes this capability further by rendering accurate representations of Tesla vehicles, including distinctions between models such as the Model 3, Model Y, Model S, Model X, and Cybertruck. These icons appear as lifelike 3D renderings, complete with recognizable shapes and proportions that match the actual cars charging at the site:

This refinement improves the user experience during road trips and daily charging stops. As drivers approach a Supercharger, the navigation display now shows not just generic occupied markers but identifiable vehicle types plugged into each stall.

Blue indicators highlight active charging sessions, while other visual cues denote availability or maintenance status. The feature integrates seamlessly with the existing map interface, allowing quick assessment of the best available spot based on vehicle size and positioning.

Tesla continues to expand the availability of these detailed Site Maps across its global network. Initially piloted at a limited number of locations, the rollout has progressed steadily, with more stations gaining support in recent software versions.

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Owners benefit from better planning, as the system helps identify compatible stalls and reduces uncertainty upon arrival. The update reflects Tesla’s ongoing commitment to refining its navigation and charging ecosystem through iterative software improvements.

In addition to model-specific icons, the enhanced maps maintain all prior functionalities, such as integration with nearby amenities and energy usage predictions. This ensures a comprehensive tool for efficient Supercharging.

As Tesla’s fleet grows and the network scales, such features play a key role in optimizing the overall ownership experience. Future updates may extend similar visualizations to additional sites and incorporate even more data points for drivers.

With this piggyback enhancement, Tesla demonstrates how small but thoughtful additions can elevate an already useful tool, making Supercharger visits smoother and more informed for its customers. The company is expected to broaden the feature’s reach in upcoming releases, further solidifying its leadership in EV charging infrastructure.

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Tesla Full Self-Driving v14.3.3 driver monitoring: We tested it

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Credit: TESLARATI

Tesla Full Self-Driving v14.3.3 driver monitoring was reportedly scaled back in recent releases, but a new version that was released in the early hours of June 3 aimed to do a better job of keeping those in control of their cars honest, according to release notes.

The release notes for FSD v14.3.3, via Software Version 2026.14.6.7 added:

“Improved driver monitoring system sensitivity with better eye gaze tracking, eye wear handling, and higher accuracy in variable lighting conditions.”

However, Tesla said this was already enabled in the first rollout of FSD v14.3.3 in late May. We tested it anyway, especially as the Standard Speed Profile seemed less-than-worried about what you were doing during operation.

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I decided to try out the Hurry and Mad Max Speed Profiles for this test, and it gave me results that I would have expected. Tesla has evidently ramped up driver monitoring based on the Speed Profile you are using to travel.

The more aggressive the Speed Profile, the more on the hook you will be for taking your attention away from the road. Our testing showed that Mad Max was less likely to allow you to do normal things like change music or adjust navigation without getting an on-screen warning or nag from the driver monitoring system.

Hurry Mode Results

On Hurry, the driver monitoring system on FSD v14.3.3, via Software Version 2026.14.6.7, was more restrictive than Standard but less restrictive than Mad Max. I found that I could scroll through music options for a considerable amount of time, more than 30 seconds:

Standard gave me about 80 seconds of phone scrolling with absolutely no nags or warnings in a previous test. It is worth noting that this was a previous branch of v14.3.3, but Standard is such a goodie-two-shoes on the road that it is my impression it would not change much.

Mad Max Results

I spent the majority of the drive on Mad Max to see how it truly reacted to the driver having their attention elsewhere. While I did do a short phone test, I am aiming to steer away from those and use the center screen. I think it is a valid criticism that the phone test is dangerous and, not to mention, illegal in Pennsylvania. Changing the navigation and music is a more reasonable, more responsible, and safer test.

With Mad Max being the fastest and most aggressive Speed Profile, I anticipated this being the quickest mode to give me an alert that I needed to look at the road. That was the case with music:

As well as adjusting Navigation, when I received two nags:

These nags were more than reasonable, and I think it’s probably good that Tesla is ramping up the driver monitoring. I do believe that it should be relatively strict across all of the Speed Profiles, especially with phone use. When using the center screen, the nag intervals should be based on the speed profile you are utilizing at the time.

These driver monitoring adjustments are a great thing to have while FSD is still under its “Supervised” moniker, but I expect Tesla to continue pushing the limits on what it will allow, especially considering CEO Elon Musk has hinted that phone use is capable with the more recent versions.

You can watch the full drive on YouTube below:

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