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
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Elon Musk
SpaceX Starship Version 3 booster crumples in early testing
Photos of the incident’s aftermath suggest that Booster 18 will likely be retired.
SpaceX’s new Starship first-stage booster, Booster 18, suffered major damage early Friday during its first round of testing in Starbase, Texas, just one day after rolling out of the factory.
Based on videos of the incident, the lower section of the rocket booster appeared to crumple during a pressurization test. Photos of the incident’s aftermath suggest that Booster 18 will likely be retired.
Booster test failure
SpaceX began structural and propellant-system verification tests on Booster 18 Thursday night at the Massey’s Test Site, only a few miles from Starbase’s production facilities, as noted in an Ars Technica report. At 4:04 a.m. CT on Friday, a livestream from LabPadre Space captured the booster’s lower half experiencing a sudden destructive event around its liquid oxygen tank section. Post-incident images, shared on X by @StarshipGazer, showed notable deformation in the booster’s lower structure.
Neither SpaceX nor Elon Musk had commented as of Friday morning, but the vehicle’s condition suggests it is likely a complete loss. This is quite unfortunate, as Booster 18 is already part of the Starship V3 program, which includes design fixes and upgrades intended to improve reliability. While SpaceX maintains a rather rapid Starship production line in Starbase, Booster 18 was generally expected to validate the improvements implemented in the V3 program.
Tight deadlines
SpaceX needs Starship boosters and upper stages to begin demonstrating rapid reuse, tower catches, and early operational Starlink missions over the next two years. More critically, NASA’s Artemis program depends on an on-orbit refueling test in the second half of 2026, a requirement for the vehicle’s expected crewed lunar landing around 2028.
While SpaceX is known for diagnosing failures quickly and returning to testing at unmatched speed, losing the newest-generation booster at the very start of its campaign highlights the immense challenge involved in scaling Starship into a reliable, high-cadence launch system. SpaceX, however, is known for getting things done quickly, so it would not be a surprise if the company manages to figure out what happened to Booster 18 in the near future.
News
Tesla FSD (Supervised) is about to go on “widespread” release
In a comment last October, Elon Musk stated that FSD V14.2 is “for widespread use.”
Tesla has begun rolling out Full Self-Driving (Supervised) V14.2, and with this, the wide release of the system could very well begin.
The update introduces a new high-resolution vision encoder, expanded emergency-vehicle handling, smarter routing, new parking options, and more refined driving behavior, among other improvements.
FSD V14.2 improvements
FSD (Supervised) V14.2’s release notes highlight a fully upgraded neural-network vision encoder capable of reading higher-resolution features, giving the system improved awareness of emergency vehicles, road obstacles, and even human gestures. Tesla also expanded its emergency-vehicle protocols, adding controlled pull-overs and yielding behavior for police cars, fire trucks, and ambulances, among others.
A deeper integration of navigation and routing into the vision network now allows the system to respond to blocked roads or detours in real time. The update also enhances decision-making in several complex scenarios, including unprotected turns, lane changes, vehicle cut-ins, and interactions with school buses. All in all, these improvements should help FSD (Supervised) V14.2 perform in a very smooth and comfortable manner.
Elon Musk’s predicted wide release
The significance of V14.2 grows when paired with Elon Musk’s comments from October. While responding to FSD tester AI DRIVR, who praised V14.1.2 for fixing “95% of indecisive lane changes and braking” and who noted that it was time for FSD to go on wide release, Musk stated that “14.2 for widespread use.”
FSD V14 has so far received a substantial amount of positive reviews from Tesla owners, many of whom have stated that the system now drives better than some human drivers as it is confident, cautious, and considerate at the same time. With V14.2 now rolling out, it remains to be seen if the update also makes it to the company’s wide FSD fleet, which is still populated by a large number of HW3 vehicles.
News
Tesla FSD V14.2 starts rolling out to initial batch of vehicles
It would likely only be a matter of time before FSD V14.2 videos are posted and shared on social media.
Tesla has begun pushing Full Self-Driving (Supervised) v14.2 to its initial batch of vehicles. The update was initially observed by Tesla owners and veteran FSD users on social media platform X on Friday.
So far, reports of the update have been shared by Model Y owners in California whose vehicles are equipped with the company’s AI4 hardware, though it would not be surprising if more Tesla owners across the country receive the update as well.
Based on the release notes of the update, key improvements in FSD V14.2 include a revamped neural network for better detection of emergency vehicles, obstacles, and human gestures, as well as options to select arrival spots.
It would likely only be a matter of time before FSD V14.2 videos are posted and shared on social media.
Following are the release notes of FSD (Supervised) V14.2, as shared on X by longtime FSD tester Whole Mars Catalog.
Release Notes
2025.38.9.5
Currently Installed
FSD (Supervised) v14.2
Full Self-Driving (Supervised) v14.2 includes:
- Upgraded the neural network vision encoder, leveraging higher resolution features to further improve scenarios like handling emergency vehicles, obstacles on the road, and human gestures.
- Added Arrival Options for you to select where FSD should park: in a Parking Lot, on the Street, in a Driveway, in a Parking Garage, or at the Curbside.
- Added handling to pull over or yield for emergency vehicles (e.g. police cars, fire trucks, ambulances.
- Added navigation and routing into the vision-based neural network for real-time handling of blocked roads and detours.
- Added additional Speed Profile to further customize driving style preference.
- Improved handling for static and dynamic gates.
- Improved offsetting for road debris (e.g. tires, tree branches, boxes).
- Improve handling of several scenarios including: unprotected turns, lane changes, vehicle cut-ins, and school busses.
- Improved FSD’s ability to manage system faults and improve scenarios like handling emergency vehicles, obstacles on the road, and human gestures.
- Added Arrival Options for you to select where FSD should park: in a Parking Lot, on the Street, in a Driveway, in a Parking Garage, or at the Curbside.
- Added handling to pull over or yield for emergency vehicles (e.g. police cars, fire trucks, ambulances).
- Added navigation and routing into the vision-based neural network for real-time handling of blocked roads and detours.
- Added additional Speed Profile to further customize driving style preference.
- Improved handling for static and dynamic gates.
- Improved offsetting for road debris (e.g. tires, tree branches, boxes).
- Improve handling of several scenarios, including unprotected turns, lane changes, vehicle cut-ins, and school buses.
- Improved FSD’s ability to manage system faults and recover smoothly from degraded operation for enhanced reliability.
- Added alerting for residue build-up on interior windshield that may impact front camera visibility. If affected, visit Service for cleaning!
Upcoming Improvements:
- Overall smoothness and sentience
- Parking spot selection and parking quality
SpaceX Starship Version 3 booster crumples in early testing
Tesla FSD (Supervised) is about to go on “widespread” release
