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.
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
The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.
Elon Musk
Tesla primes Cybercabs for 4K streaming and high bandwidth gaming with Starlink integration
Tesla is now shipping Cybercabs from Giga Texas with Starlink hardware built in as standard.
Tesla’s Cybercabs are now leaving Gigafactory Texas with Starlink hardware on the rear hatch in significant numbers, according to drone footage captured Tuesday by longtime Austin drone observer Joe Tegtmeyer. Production at the factory ramped back up after the Labor Day weekend, and his flyover of the outbound lot showed rows of gold Cybercabs alongside Model Y Long Wheelbase units, many carrying the satellite module for the first time as standard equipment rather than a one off retrofit.
Giga Texas today is busy with production coming back up following the long weekend. Of interest today in the outbound lot is the appearance of hundreds of Mode; YL’s and many more Cybercabs and for the 1st time equipped with the Starlink module one the hatch in big numbers.
At… pic.twitter.com/G9yl6s51m4
— Joe Tegtmeyer 🚀 🤠🛸😎 (@JoeTegtmeyer) September 8, 2026
Tesla first showed Starlink built into an actual Cybercab on August 10, when the Robotaxi account posted images of a single gold unit with the antenna integrated into the roofline above the taillights and called it the first Cybercab with Starlink integration. That followed a July reveal where Tesla and Starlink jointly posted a cutaway diagram of the antenna placement without a working vehicle to back it up. Ashok Elluswamy, Tesla’s VP of AI software, said at the time that the connection isn’t required for the car to drive itself. It exists mainly for navigation, customer service and keeping tabs on the fleet.
Musk has made a different case in public. During Tesla’s Q2 earnings call, he said the company can’t afford robotaxis stranded in what he called “Bermuda Triangles of lack of cellular connectivity,” and he separately claimed on X that Starlink will eventually reach every Tesla built, calling it the only way to deliver high bandwidth to billions of vehicles. He has also pitched the antenna as an entertainment upgrade, telling riders they would be able to stream 4K video or play games during a trip.
The rollout has moved fast since. Robotaxi service opened to the public in Austin on September 3, and Cybercabs had already been spotted with Starlink hardware in Houston and near Miami International Airport in the weeks before Tuesday’s factory footage showed the module shipping at volume rather than on scattered test units. Whether the satellite link earns its keep is still an open question. Tesla’s unsupervised service currently runs in dense metro geofences in Texas and Florida, markets where cellular coverage is already strong, which is not where the rural dead zones Musk describes tend to show up.
After launching in Austin, Texas, last week, Tesla is looking to expand the Cybercab to new parts of the United States in an effort that will see the driverless, steering wheel-less, and pedal-less vehicle chauffeur people around as part of the Robotaxi ride-hailing service.
However, the expansion will go far beyond the United States, and CEO Elon Musk revealed he hopes Europe will be the next market where Cybercab will be operational.
Musk has publicly expressed hope that Tesla’s Cybercab robotaxi will reach Europe in the near future.
On September 8, Tesla’s Chief Executive quoted a German rider who had just completed a trip in Austin, Texas, and wrote that he hoped the vehicle would not take years to arrive in Germany. Musk replied with a short but notable message: “Hopefully soon in Europe too.”
Hopefully soon in Europe too https://t.co/vqQ69bLJuN
— Elon Musk (@elonmusk) September 8, 2026
The comment arrived only days after Tesla opened Cybercab ride-hailing to the public in Austin. The two-seat vehicle has no steering wheel or pedals and relies entirely on Tesla’s Full Self-Driving software. Early passengers have described the rides as quiet, smooth, and more stylish than competing robotaxis such as Waymo.
Austin is currently the only city where members of the public can hail a Cybercab through Tesla’s Robotaxi app. The initial fleet is small; Texas registration records show only a few dozen of the purpose-built vehicles on the road.
Tesla set to open Cybercab rides to the public, with no steering wheel or pedals
Tesla has also been operating a larger number of conventional Model Y robotaxis in the same area, but the Cybercab itself represents the company’s first dedicated, controls-free taxi design.
Europe presents a different regulatory picture. The European Union does not permit manufacturers to self-certify vehicles the way Tesla did in the United States.
Type-approval rules and a small-series limit of 1,500 automated vehicles per type per year apply across the bloc.
Supervised Full Self-Driving has gained provisional approval in several member states through national recognition of Dutch certification, yet unsupervised robotaxi operation remains a separate and more distant step. Tesla has not announced a European launch city, date, or approval pathway for the Cybercab.
Musk himself has previously cautioned that the company does not control European regulators. In an earnings call earlier in 2026, he noted that even supervised FSD took an “immense amount of time” to clear and that unsupervised service would be “somewhat at the mercy of the governments in Europe and the EU.”
The latest social-media remark therefore functions more as an expression of intent than a timetable.
If the Cybercab eventually reaches European streets, it would mark a significant expansion of Tesla’s robotaxi ambitions beyond the United States. For now, the vehicle remains an Austin-only experience, and the gap between Musk’s hope and actual deployment will be decided by regulators rather than by engineering alone.
Tesla Cybercab might have just rolled out to the public as it entered the company’s Robotaxi suite in Austin this past week. However, the vehicle might already be on its way to becoming even better, as the company is asking riders to describe what they’d like to see improved with the Cybercab.
Tesla sent a rider experience survey to Cybercab passengers only days after paid rides began in Austin. The questionnaire asks how satisfied riders were with the overall trip. Then it requests star ratings for availability and wait time, door functionality, vehicle touchscreen, mobile app experience, seat comfort, interior space, ride comfort, cleanliness, and cargo space.
A later section asks which features riders would most like to have and allows selection of up to three items from a list that includes heated seats, ventilated seats, fully reclining seats, a tray table, a wireless phone charger, a better sound system, and more storage. Respondents may also choose none of these or write in another idea. The survey closes with a recommendation score from zero to ten.
Tesla just sent out a Cybercab rider experience survey so you can give feedback to the team. pic.twitter.com/YsU5OYdAjW
— Sawyer Merritt (@SawyerMerritt) September 8, 2026
This rapid request for input illustrates Tesla’s habit of treating early users as collaborators rather than mere customers. The company has long refined vehicles through software updates and hardware changes informed by real-world use across its passenger cars.
Collecting structured opinions so soon after commercial service started shows the same mindset applied to a purpose-built autonomous taxi. The questions themselves reveal an openness to cabin changes even after the first vehicles reached public streets, which is no surprise.
Tesla has always hoped to cater a great experience to anyone in its vehicles, which is why so many fan-requested features have made it into its vehicles.
Replies already circulating online favor reclining seats, tray tables, wireless charging, improved audio, and extra room when seats fold back.
Tesla Cybercabs narrowly miss deadly Amazon cargo plane crash
Those preferences point toward comfort upgrades that Tesla can implement in later production batches or through cabin revisions. Because the Cybercab is designed around software first principles, many requested amenities can arrive faster than in traditional automakers.
Tesla’s willingness to survey riders immediately after launch therefore makes near-term cabin and experience improvements likely as the team reviews responses and iterates toward a more refined robotaxi people will choose daily.
Tesla primes Cybercabs for 4K streaming and high bandwidth gaming with Starlink integration
Elon Musk hints at Tesla Cybercab’s next market
