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The SEC’s obsession with Elon Musk’s Twitter is still alive and well

Photo: Boss Hunting.com.au

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Tesla CEO Elon Musk’s Twitter feed was being questioned by SEC regulators last year, as the agency stated that his social media account had violated a court-ordered policy from a 2018 settlement that would require his Tweets to be pre-approved by company lawyers.

After Musk tweeted that he was interested in taking Tesla stock private at $420 a share in 2018, the SEC alleged that the CEO had committed fraud by communicating a potential buyout of the electric car company. The case was later settled by the SEC, Tesla, and Musk, who was required to pay $20 million in fines. Tesla also was required to pay a penalty of the same amount, and the settlement required Musk’s tweets to be examined and approved before he sent them out. Musk was also required to step down as Tesla’s chairman, a position that he would be ineligible to be re-elected to for three years, the SEC settlement said.

Musk paid the penalties and stepped down as the Chairman of the Board. However, in an interview with 60 Minutes, he admitted that he was not having his tweets regulated by company attorneys and that the First Amendment protected his speech. “Twitter is a warzone,” Musk said. “I do not respect the SEC,” he also said in the interview.

Now, The Wall Street Journal is reporting that it has uncovered several documents from the SEC that indicated that Musk violated the court-ordered pre-approval of his tweets last year. The SEC told Tesla in May 2020 that it had failed “to enforce these procedures and controls despite repeated violations by Mr. Musk.” A former SEC Senior Official named Steven Buchholz signed the letter and stated that Tesla failed to oblige by the settlement that was agreed to.

The WSJ said it obtained the documents through a Freedom of Information Act request.

Musk’s Twitter activity was difficult to regulate. The SEC asked a New York City court to consider holding Musk in contempt of court in February 2019, but the Judge said that the dispute needed to be settled, and the SEC agreed to modify the terms of the settlement. Instead, certain topics would be required for pre-approval and included anything regarding production figures, Tesla’s financials, and potential business ventures. Musk tweeted an update in July 2019 that updated his followers on his expectations for Tesla’s Solar Roof production rate and hoped that the company could manufacture 1,000 units per week by the end of the year.

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Tesla told the SEC that the tweet didn’t require approval because it was “wholly aspirational,” meaning that it was just a hope of Musk’s and that production wouldn’t necessarily reach that level. It was a goal, not an update.

Musk then tweeted that “Tesla’s stock price is too high imo” in May 2020, another tweet that put the SEC into the realm of questioning Musk’s Twitter usage. According to the WSJ, Tesla once again didn’t review the tweet because it was Musk’s opinion.

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In response to Tesla’s decision not to review the tweet, the SEC wrote (via Wall Street Journal):

“In the face of Mr. Musk’s repeated refusals to submit his covered written communications on Twitter to Tesla for pre-approval, we are very concerned by Tesla’s repeated determinations that there have been no policy violations because of purported carve-outs.”

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Tesla’s attorneys said later that month that regulators have attempted to “harass Tesla and silence Mr. Musk” with repeated investigations.

Attorney Alex Spiro was concerned that the SEC was simply targeting Musk. “The serial nature of these investigations leaves us gravely concerned that the SEC is targeting Mr. Musk for an improper purpose,” Spiro wrote.

The SEC requested that Tesla reconsider its positions in the investigations to “prevent further shareholder harm.”

A June 2020 letter from the SEC said:

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“We urge the company to reconsider its positions in this matter by acting to implement and enforce disclosure controls and procedures…to prevent further shareholder harm.”

The rivalry between the SEC and Musk continues, it seems, with no real end in sight. Spiro’s claims that the SEC is targeting Musk align with the fact that the agency has repeatedly gone after the Tesla CEO with the basis that he is manipulating stock prices or affecting shareholder integrity. In reality, Musk’s ability to tweet is protected by his First Amendment right, and a shareholder decides to buy or sell a stock, not Musk.

What do you think? Let us know in the comments below, or be sure to email me at joey@teslarati.com or on Twitter @KlenderJoey.

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Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla just told us twice that Model Y L is coming to the U.S.

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Credit: Tesla

Tesla just told us twice that the Model Y L is coming to the U.S., and two social media posts definitely just tipped the company’s hand, as if they wanted it to be any other way.

The two social media posts basically confirm that the slightly longer version of the Model Y will be heading to the United States soon, and many have speculated that the company could launch the vehicle as soon as this weekend.

The first post was directly from Tesla, and it showed an incredibly long Dachshund, with words above that said, “Looking forward to the long weekend.”

Anyone who knows Tesla knows the company loves to troll its fans and have fun, and this is a perfect example of that. While not a direct acknowledgement, Tesla is very involved on social media, especially CEO Elon Musk’s platform X, and the company is well aware of what is being discussed within the community.

With recent sightings of Model Y L test mules in California, peeks of the vehicle at Giga Texas, and a large call for the car to come to the U.S., Tesla is simply stoking conversation with this.

However, the company also made another move that was recognized on social media. Tesla has a large gallery that includes photos of its products so media and others can use them. This gallery applies to the U.S. market specifically, unless otherwise specified.

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Tesla uploaded a Model Y L to the Gallery last night:

This seems to be another indication that the Model Y L is coming to the United States.

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Musk said last year that the Model Y L could make its way to the United States late this year, but it was not something that was set in stone by Tesla. The company definitely needs to establish something in the SUV market that is larger than the Model Y, and the Model Y L might be the answer.

Even still, there are consumers out there who would love Tesla to develop something even larger, like a competitor to the Tahoe or Expedition. Tesla has not really given much of an indication that it will go in that direction.

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Tesla is using vehicle microphones to improve build quality: here’s how

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Credit: Tesla

Tesla is using the vehicles’ internal microphones to improve build quality, Vice President of Engineering Lars Moravy revealed recently.

It’s no secret that Tesla is always finding ways to make its manufacturing operations more efficient, accurate, and valuable. Constantly trying to make its cars better, the company has never placed any restrictions on what it will do to improve everything from panel gaps to paint.

As Teslas have been driving autonomously on the property of the Gigafactory Texas plant for a while now, Moravy revealed to Herbert Ong in a new interview that cars rolling off production lines now autonomously navigate themselves through a bumps, squeaks, and rattles (BSR) portion of the line. This helps to identify any loose or improperly installed internal parts.

The cabin’s microphones, which are used for a variety of things in ownership, simultaneously monitor any noises inside the vehicle while it rolls through the BSR portion of the production line. Moravy actually revealed that Tesla is trying to build “Full Self-Hearing,” an AI system that will detect minor imperfections so they can be corrected before delivery.

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It’s no secret that build quality is something that Tesla struggled with as it scaled to a fully massive production operation that manufactures over 1.6 million vehicles per year. However, in recent years, especially, there have not been as many complaints. Tesla has truly improved upon its build quality and paint quality over the past several years, especially in the U.S.

Tesla’s ‘megacasts’ are key to massive build quality improvements

While those improvements have been evident, there are still some complaints; no automaker is perfect with this. But this step will now ensure that every single car that rolls off the production lines at Gigafactory Texas will be void of any creaks, squeaks, or squeals when it leaves the factory.

This measure is one of the most unique we’ve seen in terms of a strategy to avoid build quality issues, but it is not exclusive to Tesla.

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Ford uses acoustic analysis AI to find abnormalities in seat motors, climate control units, and other components. Suppliers and OEMs will also use microphone arrays or particle velocity sensors in end-of-line stations.

The full interview with Lars Moravy is available below:

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Investor's Corner

Tesla crushes Wall Street expectations, beats delivery estimates by over 15 percent

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Tesla (NASDAQ: TSLA) beat Wall Street expectations of 406,000 vehicles delivered in Q2 by reporting 480,126 deliveries for the three months ending in June.

Tesla reported it delivered 467,762  Model 3 and Model Y units, while 12,364 Model S, Model X, and Cybertrucks switched hands during the quarter. The Model S and Model X were officially sunset this past quarter and will no longer be part of the company’s Production & Delivery reports moving forward.

The quarter is a pleasant surprise and a good rebound from Q1, when Tesla slightly missed the Wall Street consensus of 365,645 cars by reporting 358,023 deliveries for the first three motnhs of the year.

Energy storage deployments also provided some strength in Tesla’s delivery report, hitting 13.5 GWh for Q2. This is a particular division of Tesla’s business that has been overwhelmingly robust over the past few years, truly being a strong point of the company’s overall model.

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For the year, Tesla analysts still predict deliveries to trend in the 1.69 million unit region, a modest 3 to 5 percent increase from the 1.64 million cars the company delivered last year. Tesla will likely return to more sequential and noticeable year-over-year growth as the Cybercab project starts to ramp up considerably in the next few years.

Tesla has some other potential catalysts to spur vehicle deliveries, too. Not only is it expecting Cybercab to truly start making a change in the next few years, but other vehicles could be entering the company’s lineup.

Tesla sends production Cybercab with no steering wheel, pedals to on-road testing

The slightly longer Model Y L has been a highly speculated release candidate in the U.S. It has already done incredibly well in China, and U.S. buyers have been wanting slightly more interior space than the Model Y. Now that the Model X is gone, it is more needed than ever.

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Q2 highlights a pretty stable automotive division within Tesla, and no true concerns arise from these figures, especially considering it managed to beat expectations convincingly.

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