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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.

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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.

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.”

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:

“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.”

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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.

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 reveals plans for Robotaxi charging hub in Austin

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Credit: Grok Imagine

Tesla has revealed plans through permit submissions for a massive Robotaxi charging hub in Austin, Texas.

Tesla plans to build the Supercharger hub in multiple phases, with the second phase potentially introducing wireless induction charging, something the company has been developing for the Robotaxi fleet.

Initially, 48 Tesla Robotaxi-geared Superchargers will be built on a lot just across from the St. Elmo, Texas, Service Center. There are about 80 additional spots that will not be impacted by phase 1 of the construction process.

Filings show that the second phase of the project will turn those 80 additional spots into wireless charging for Robotaxi, but it might be an error. The Key Notes state that item 3 is listed as “V4 Charging Cabinet to Support 80 Wireless Chargers in Phase 2. However, the drawings point to V3 Cabinets that are already tied to Superchargers:

There are roughly 128 total spots in the lot, but it is unclear if they will all be used for charging based on what appears to be some sort of typo in the blueprint.

This is among the first Robotaxi charging hubs Tesla has started to develop, as it currently has four others planned throughout various areas: one in Phoenix, one in San Antonio, another in Irving, which will serve the Dallas-Fort Worth area, and another in Las Vegas.

These projects are necessary as Tesla expands its Robotaxi program. Now that preparations have started for the public launch of Cybercab, Robotaxi will likely be expanding aggressively, especially over the next two to three years.

Last night, The Information reported that Tesla was planning to launch Cybercab as soon as the end of August. Hours later, Tesla then announced it was launching a competition for fans to potentially ride in Cybercab during its first public rides.

Tesla Cybercab launch preparations have begun

Tesla’s plan to expand its charging infrastructure in the regions where Robotaxi will initially operate is great preparation for the expanding service. There is still a lot to do, including launching the Cybercab on time.

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Tesla Semi gets its largest order yet

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Credit: Einride

Tesla got its largest order for the all-electric Class 8 Semi yet, a 500-unit order from Einride AB, a Swedish trucking company.

Einride made the announcement this morning following its second-quarter earnings call. The company said it plans to use 500 Tesla Semi units on its fleet intelligence platform, called Saga AI. The deployments will serve large companies like Amazon and will extend Einride’s electric freight network across logistics routes in California, New Jersey, Texas, Illinois, and Georgia.

The deployment is being carried out in several phases over the next two years as Tesla ramps production of the Semi at its dedicated production facility in Sparks, Nevada. Einride will receive its first Semi units in September.

Saga AI

Saga AI is Einride’s dedicated fleet intelligence platform. It enables scaled adoption of electric trucks for freight use and allows shippers to integrate electric capacity without the operational burden or capital risks of managing a fleet. This helps integrate cost-efficient logistics and makes budgeting and forecasting much more accurate.

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Tesla Semi’s Adoption

The Tesla Semi is now gathering large-scale clients past those who have helped the company operate a Pilot Program to gain initial information and feedback from real-world drivers.

Perhaps the biggest and most notable is that of Frito-Lay and PepsiCo., who have worked with Tesla for the past several years to dial in the finer details of the truck, including its efficiency and operation-related components.

Tesla Semi gets strange-but-understandable comparison from Jay Leno

There has been tremendous progress in that time, and it even catalyzed Tesla to make some design changes, which were unveiled earlier this year.

But Einride CEO Roozbeh Charli says his company’s partnership with Tesla will continue to push those things forward:

“This deployment is yet another proof point that we can execute at the scale our customers demand. Working closely with Tesla to bring next-generation Semis into active operations quickly and at scale is a testament to the strength of that partnership, and how quickly this technology is maturing from promise to daily operations.”

Tesla Semi is already winning over truck drivers

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Additionally, Dan Priestley, the Director of the Semi Program at Tesla, said the partnership is ideal due to Einride’s focus on sustainable transport:

“Einride is at the forefront of sustainable freight, and we are thrilled to deepen our relationship with them through this order of 500 Semis. EV heavy trucks provide lower costs per mile from fuel savings, reduced maintenance, and better uptime over diesel trucks. These savings increase further through operational efficiency when deploying EV trucks at scale, and we are excited that Einride recognizes this and look forward to supporting their deployments.” 

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India tells Elon Musk’s X to “Follow the Law” in latest censorship update

Elon Musk says X now exposes government censorship, but India’s secrecy laws complicate that promise.

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Elon Musk’s promise to make government censorship requests on X “clearly visible” is running into a wall in India, where the law forbids the very disclosure Musk is promising.

On August 15, Musk responded to an update from X’s open-source algorithm team by writing “Any censorship required by governments is now clearly visible.” The claim referred to a change X pushed two days earlier to its public xai-org/x-algorithm repository, which now includes a controversial filter written directly into the code. The filter suppresses posts from 665 accounts flagged by Brazil’s Superior Electoral Court from appearing in the For You feed of any viewer located in Brazil, unless the viewer already follows the account. The election tied to the filter is scheduled for October 4.

India’s government wasn’t as impressed, and responded on Monday that “X will have to follow the law of the land,” in response to Musk’s transparency push covered by the Times of India. The problem is structural rather than political. India issues content blocking orders under Section 69A of its IT Act, and Rule 16 of the accompanying 2009 Blocking Rules requires those orders to stay confidential. Publishing an India equivalent of the Brazil filter, naming specific accounts and citing specific government orders, would itself violate Indian law. Government use of Section 69A has grown from roughly 6,000 orders a year between 2018 and 2023 to about 24,300 in 2025, according to a Tech Times report.

Elon Musk shares details on X vs. Brazil conflict

The contrast puts Musk’s transparency pledge in an odd spot. It works largely as advertised in Brazil, where electoral law requires disclosure and X can point to specific account IDs and a specific court order in public code. It cannot work the same way in India, where the law requires the opposite. X users in India will keep seeing content disappear from search and their feeds without any public accounting of why, even as X tells the rest of the world that its censorship compliance is now inspectable.

This isn’t the first time X’s fights with a national government have shaped how the platform operates. Brazil’s Supreme Court ordered X to suspend the accounts of sitting lawmakers and journalists in 2024, a standoff that cost X its Brazilian revenue for months and froze Starlink’s local accounts before the investigation into Musk and X was closed in March with no evidence of wrongdoing found. X also sued California over a state law requiring moderation disclosures, arguing the mandate itself violated the First Amendment.

Whether India’s government pursues anything beyond a public statement remains to be seen. For now, the mismatch between what X can legally publish and what different governments legally allow it to publish is the real story behind Musk’s seven word claim.

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