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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.

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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.

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.

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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.”

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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Google just picked SpaceX for its first step into orbital AI

Google will launch its first Project Suncatcher AI satellite on SpaceX’s Transporter-18 rideshare next week.

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Google is about to put its own AI chips into orbit for the first time, and it is paying SpaceX to get them there.

The company said Thursday that the first in-orbit test of Project Suncatcher, its research effort to find out whether space can host large-scale AI computing, will fly next week on SpaceX’s Transporter-18 rideshare mission.

The satellite, called MVP, is about the size of a refrigerator and carries four of Google’s Tensor Processing Units, the same chips Google runs in its ground data centers. Google originally planned to launch two custom satellites in 2027, but chose to move faster by integrating its chips into a satellite.

MVP’s solar panels supply about one kilowatt of power, and Google will run Gemini models on the TPUs only in bursts of roughly 15 minutes before the chips shut down so the radiators can shed heat. In a blog post, Google said its Trillium TPUs survived vibration testing that mimicked sustained launch loads of up to 10g, with individual components seeing 50 to 100g, and handled a radiation dose greater than a five year mission would deliver.

SpaceX and Google mull massive partnership on Musk’s orbital data dream: report

Next week’s flight, slated for October 1, follows a relationship that became public in May, when Teslarati reported that Google was in talks with SpaceX for a launch deal tied to orbital data centers. Google also holds a stake of roughly 6% in SpaceX.

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The two companies are chasing the same idea from very different starting points. SpaceX’s own orbital compute program is built around the AI1 satellite, a roughly 70 meter structure derived from Starlink V3 hardware that is designed for 150 kW of peak compute, about 150 times the power MVP will draw. Elon Musk has brushed off concerns about crowding orbit with those satellites, and SpaceX is building its Gigasat factory in Bastrop, Texas, to produce them, targeting an annualized rate of about 1 GW of space compute by the end of 2027.

Musk also posted on X on Thursday that “the amount of compute in space will obviously round up to 100% of all compute.”

Google has been more cautious in public. Its research estimates that launch prices need to fall below about $200 per kilogram before an orbital data center can compete with a ground facility on energy cost, a threshold the company believes could be reached around the mid 2030s. The Suncatcher team has said it expects the effort to remain a project rather than a product for years, which leaves the first real test of its hardware riding on a rocket from the company with the most aggressive timeline in the field.

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Tesla Cybercab gets initial tie-in to localized, in-house cathode plant

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Credit: Tesla

Tesla has taken another concrete step toward owning its battery supply chain, and it’s doing so with what is perhaps the most important vehicle in its short-but-storied history.

On September 23, Tesla announced that it has officially built the first Cybercab with cathode material produced in-house at the company’s first cathode plant in the U.S., and the first in the U.S. overall.

Active cathode material is the most expensive piece of a lithium-ion battery cell, and it often accounts for more than a third of cell cost. For years, the industry sourced a majority of it from Asia, but Tesla’s decision to make it in the United States bodes well for the Cybercab project. This is the latest chapter in Tesla’s vertical integration strategy, which began in public at Battery Day in 2020.

At the Battery Day Event, Elon Musk said the company would build a North American cathode plant and overhaul the process to cut costs and waste, while also making some of the most powerful and long-lasting cells in the industry.

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The Austin facility took years to appear. Tesla filed permits for “Project Cathode” in 2022 on land near Giga Texas. By mid-2022, the building frame was up and Tesla later invested hundreds of millions of dollars as part of a larger expansion of the Giga Texas plant. The company stated it was operating the first large-scale cathode production facility in North America to supplement 4680 cell production.

One month later, that material reached a finished Cybercab.

The timing of this breakthrough is monumental for the Cybercab program. As Tesla officially launched the first Cybercab rides to the public earlier this month, production of the ride-hailing-geared vehicle is moving forward on the planned S-curve that CEO Elon Musk told everyone to expect.

Nevertheless, packs of Cybercab units have been spotted throughout the United States, in an effort to potentially activate the fleet as soon as the company gains regulatory approval in various geographic areas.

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On top of that, Tesla owning the cathode step and pairing it with its own in-house lithium from the Gulf Coast refinery shortens the supply chain that once stretched thousands of miles and subjects every pack to fewer external price shocks and geopolitical risks.

Tesla is not yet independent of all of its foreign suppliers, as some precursor metals come from mines and chemical plants. But the first in-house cathode Cybercab shows the company is closing the most expensive and most concentrated gap in its battery production efforts. For a vehicle like Cybercab to operate at a high utilization within the Robotaxi network, that control over cost is so crucial.

It is arguably as important as the software that drives it.

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Tesla leaks Semi customers ahead of handover event

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Credit: Tesla

Tesla is set to inaugurate its dedicated Semi factory in Sparks, Nevada, this evening, but drone footage has already started to show who is expected on the handover stage.

Zanegler, a drone operator who regularly documents Tesla Semi operations in Nevada, filmed a row of new-generation Semi units parked outside of the plant with customer branding applied. The liveries visible in the video include companies like PepsiCo, U.S. Foods, Einride, DHL, WattEV, and others that have committed to utilizing Tesla’s Class 8 electric truck in their fleets.

Several of those company names already sit within Tesla’s public ordering book, including PepsiCo, which has been the program’s primary anchor customer since the first Semi deliveries in December 2022. PepsiCo now runs dozens of Tesla Semi units in daily service, with drivers completing regional routes.

Einride placed a 500-unit order in August, which was, at the time, the largest single Semi commitment. First deployments of their Semi units are planned for this month and will eventually span across California, Texas, New Jersey, Illinois, and Georgia. Meanwhile, IMC Logistics announced a 50-truck California order this week.

Tesla Semi lands the biggest electric truck deal in U.S. history

Other names, like LTS, OK Produce, and HMD, have not been widely confirmed as firm buyers, but their presence on the lot is perhaps the clearest signal that Tesla intends to expand on that list this evening at the event.

Tesla first unveiled the Semi back in 2017 with a 2019 production target.

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Limited pilot builds reached PepsiCo in late 2022, and high-volume production began at the new 1.7-million-square-foot plant that sits logically positioned next to Tesla’s Gigafactory Nevada. Tesla Semi program director Dan Priestley has said that Tesla expects to build “many thousands” of Semi units this year, but as with every Tesla release, there have been set expectations of an S-curve ramp.

Outside estimates still put 2026 deliveries in the 5,000-to-15,000 range, but it will ultimately depend on Tesla’s readiness to put those units out, as well as how smoothly production is moving internally.

Tesla’s Semi Rollout event is set to start tonight at the Sparks factory, and it will be livestreamed on X starting at 6 p.m. PDT / 9 p.m. ET.

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