Tesla CEO Elon Musk argued Friday that his Twitter use did not violate a settlement agreement with the U.S. Securities and Exchange Commission and that the agency’s request to have him held in contempt is based on a “radical interpretation” of the order, according to court papers filed in Manhattan federal court.
The SEC has asked a judge to hold Musk in contempt for violating a settlement agreement reached last year over Musk’s now infamous “funding secured” tweet. Under that agreement, Musk is supposed to get approval from Tesla’s board before communicating potentially material information to investors.
Musk contends he didn’t violate the agreement and that the problem lies in the SEC’s interpretation, which he describes as “virtually wrong at every level.” The filing also reveals new details about the settlement negotiations, notably that the SEC sent Musk a draft agreement that would have required him to obtain pre-approval for all public statements related to Tesla, in any format.
Musk and Tesla never agreed to those terms. Instead, Musk says the agreement requires him to comply with Tesla own policy, which would require pre-approval for “written communications that contain, or reasonably could contain, information material to the company or its shareholders.”
The barbs traded via court filings are the latest in an escalating fight between the billionaire entrepreneur and SEC that began last August when Musk tweeted that he had “funding secured” for a private takeover of the company at $420 per share. The SEC filed a complaint in federal district court in September alleging that Musk lied.
Musk and Tesla settled with the SEC last year without admitting wrongdoing. Tesla agreed to pay a $20 million fine; Musk had to agree to step down as Tesla chairman for a period of at least three years; the company had to appoint two independent directors to the board; and Tesla was also told to put in place a way to monitor Musk’s statements to the public about the company, including via Twitter.
But the fight was re-ignited last month after Musk sent a tweet on February 19 that Tesla would produce “around” 500,000 cars this year, correcting himself hours later to clarify that he meant the company would be producing at an annualized rate of 500,000 vehicles by year end.
The SEC argued that the tweet sent by Musk violated their agreement. Musk has said the tweet was “immaterial” and complied with the settlement.
Facebook really wants you to read articles before sharing them
It’s a common Internet habit: reading an article’s headline and then sharing the work without reading it. There are multiple reasons someone may do this, not the least of which is making assumptions about what the article presents based on its titles. Facebook is taking steps to address this habit, which can be problematic at times, by rolling out a new prompt.
The problem with sharing articles based on nothing more than the title is the risk of spreading misinformation, coming to conclusions that aren’t supported by the article, and lacking key details needed to discuss the matter. Actually reading the article provides context that may give the person sharing it a more informed perspective about the topic.
Facebook has announced that in order to encourage users to read articles before sharing them, it will now show them a prompt if they attempt to share a news article link they haven’t opened. The prompt includes the option to open the article first or to continue with sharing it.
Facebook notes in its prompt, “Sharing articles without reading them may mean missing key facts.” The prompt is described as a test at this time; it’s unclear how widely it is available. As with any test, it is possible it may change in the future or, perhaps, be removed.
This isn’t the first time we’ve seen this kind of feature appear on a social media platform. Last summer, Twitter introduced a similar prompt that encouraged its readers to read an article before sharing it. The feature first arrived on Android before rolling out in October 2020 on iOS.
Amazon fake reviews scam revealed in data breach with massive potential
By now, most of us probably suspect that fake reviews on internet shopping sites are a real thing. Whether being offering so-called “free product trials” after buying something or encountering a review that makes the product a little too good to be true, it’s easy to assume that fake reviews are a thing that happens. Today, however, a new security breach is giving us a better idea of just how widespread this might be.
Earlier this year, the folks over at SafetyDetectives discovered an open ElasticSearch database that contained what they call a “treasure trove” of messages between Amazon vendors and Amazon customers regarding fake reviews. The vendors in question typically offered free products in exchange for positive reviews, and in all, SafetyDetectives says that as many as 200,000 people are implicated by the data breach.
More than 13 million records comprising 7GB of data was revealed by this ElasticSearch server, which was closed and secured several days after SafetyDetectives discovered it in early March. SafetyDetectives says that it was unable to identify the owner of that server, making it impossible to alert them that the server was sitting wide open. It’s clear, however, that the server contained communications between several different vendors and customers – not just a single vendor.
Information that was leaked includes email addresses along with WhatsApp and Telegram phone numbers belonging to vendors. Customer data that was leaked includes 75,000 Amazon profile and account links of those who were selling reviews, PayPal email addresses, email addresses, and “Fan names” that could include the first names and surnames of users.
Instead of communicating through Amazon, vendors and the people selling reviews would often communicate through other messaging apps. Review sellers, it seems, were often instructed to purchase the product from Amazon and wait a few days before publishing a positive review of it, often with instructions from the vendor regarding what to say and how to make the review seem credible. After that, they were promised a refund on the purchase price of item – which was often carried out through PayPal to avoid using Amazon’s systems – and were allowed to keep the item in exchange for their positive review.
Obviously, this has some pretty big implications for vendors and Amazon users who were participating in fake reviews, as accounts for both could be terminated and fines could be levied depending on where in the world these vendors and reviewers are based. If you have a moment, be sure to read through SafetyDetectives’ full report on this data breach, because there’s a lot of good information there – including tips on how to spot fake reviews on Amazon.
Sony WF-1000XM4 earbuds leak with AirPods implications
Sony WF-1000XM4 earbuds leaked this week with features that look to compete with AirPods on several fronts. Most compelling is the wireless earbuds ability to charge wirelessly, using the case they come in and a new Sony Android smartphone as a charging pad. These earbuds will likely roll with Hi-Res audio support and 6 hours* of battery life.
These earbuds were leaked via internal company document posted by The Walkman Blog. It is hypothesized there that the case and the earbuds indicate the ability to charge wirelessly, complete with Xperia smartphone battery sharing action.
*Early retail packaging suggests that the earbuds will have 9 hours of battery life AND that the battery case will supply 9 hours MORE battery life. This is after the battery case is charged fully. Packaging also confirmed Bluetooth connectivity and IPX4 water resistance.
These earbuds will very likely work with noise canceling technology and voice assistant abilities. This would require connectivity with a compatible smartphone. It would seem that there are spaces for two different microphones, indicating there’ll be both noise cancellation tech and voice assistant support.
These earbuds show simple replaceable comfort earbud tips for users to switch at their leisure. The buds look like they’ll have one SONY logo in gold while the rest of the device is black, save a gold metal accent piece. This accent piece MAY be the part that confirms noise cancellation abilities.
It’s likely these earbuds will be released in June of 2021. At that time, they’ll likely be paired with a new Sony Xperia smartphone with wireless charging support and battery sharing support. This being the first time Sony Xperia phones recorded a profit in many seasons, it might be the best possible time to take a crack at a wider audience, complete with earbuds and smartphones that can capture the audience that’s tired of Apple and Samsung.
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