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SEC pushes court to hold Elon Musk in contempt over Tesla tweets – TechCrunch

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Tesla CEO Elon Musk is in blatant violation of a settlement agreement reached last year over securities fraud allegations, the U.S. Securities and Exchange Commission said in a biting response to the court that argued the billionaire entrepreneur be held in contempt.

The response, which was filed late Monday, is the latest salvo in the agency’s fight with Musk that was sparked by the now infamous “funding secured” tweet. The SEC filed a complaint in federal district court in September alleging that Musk lied when he tweeted on August 7 that he had “funding secured” for a private takeover of the company at $420 per share.

Musk and Tesla settled with the SEC 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.

It’s that final point about Musk’s use of Twitter that has raised the SEC’s hackles. Last month, the SEC asked a judge to hold Musk in contempt for violating the settlement agreement. The SEC argued that a tweet sent by Musk on February 19 violated their agreement. Musk is supposed to get approval from Tesla’s board before communicating potentially material information to investors.

Musk tweeted Feb. 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 next morning, Tesla announced that its general counsel, Dane Butswinkas, was leaving after just months on the job. Butswinkas said in a statement that he was “grateful for the opportunity” to work with Musk and Tesla and that he plans to return to the Washington, D.C. law firm for which he previously worked 30 years.

The SEC said in this latest response that it was stunned to discover that Musk had not sought pre-approval for a single one his tweets about Tesla.

The Court-ordered pre-approval requirement for Musk’s written communications lies at the heart of the settlement. Musk’s unchecked and misleading tweets about Tesla are what precipitated the SEC’s charges, and the pre-approval requirement was designed to protect against reckless conduct by Musk going forward.

It is therefore stunning to learn that, at the time of filing of the instant motion, Musk had not sought pre-approval for a single one of the numerous tweets about Tesla he published in the months since the Court-ordered pre-approval policy went into effect.

Many of these tweets were about the topics specifically identified by Tesla in its own policies as potentially material to shareholders. Musk reads this Court’s order as not requiring pre-approval unless Musk himself unilaterally decides his planned tweets are material. His interpretation is inconsistent with the plain terms of this Court’s order and renders its pre- approval requirement meaningless.

Musk has argued that the Feb 19 tweet was “immaterial” and complied with the settlement. He also said the SEC’s effort to find him in contempt infringed on the First Amendment and his right to free speech. The SEC has rejected that argument. “Submitting his written statements for pre-approval does not, as Musk baldly asserts, mean that he is prohibited from speaking,” the SEC wrote in its reply to Musk’s order to show cause. 

The SEC told a judge Monday that Musk has regularly published substantive information about Tesla and its business in tweets, beyond the February 19 instance. The SEC pointed to tweets about Tesla vehicle tax credits and pricing, vehicle maintenance costs, plans for expansion of charging stations internationally, the EPA rating of Tesla vehicles, construction and production plans for a new Shanghai factory, and the results of government safety testing of Tesla vehicles as evidence of Musk’s non compliance.

You can read the entire filing here.

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Ring Car Cam leaks: This could be Amazon’s Alexa dash-cam

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Details and what appears to be an image of Ring’s upcoming Car Cam have leaked, with the connected dash cam expected to add security both when the vehicle is parked and while it’s on the move. The newest addition to Ring’s line-up was actually announced in September 2020 as part of Amazon’s big device launch, though at the time no pictures of the Car Cam hardware itself were shared.

Still, Ring’s description painted a fairly comprehensive picture of what it was intended to do. As well as tracking bumps and attempted break-ins, and notifying owners via the Ring smartphone app, it can also be used to record journeys and summon emergency services in the case of an accident being detected.

If you’re being pulled over by the police, meanwhile, saying “Alexa, I’m being pulled over” will automatically begin video and audio recording. At the same time as that’s being uploaded to the cloud, the system will send a notification to pre-selected family members to let them know the stop has taken place. Ring said there would be a physical privacy shutter, too, and a choice of WiFi or LTE connectivity. The whole thing would be $199.99, though cellular plans would be on top of that.

Since then, we’ve not heard anything more about the new dash camera. A leak on The Tape Drive, though, has revealed what it could look like, and it’s certainly an unusual design.

The camera assembly looks to be mounted on some sort of bracket, either to be positioned above the dashboard or potentially hung from above the rearview mirror. There’s presumably a fish-eye camera on both sides – only visible from one side in the render – to capture footage both inside and outside of the car.

As for functionality, ZatzNotFunny spotted a seemingly prematurely-published Ring Car Cam information document on the company’s support site. It reconfirms some of the details which Ring told us late last year, but also adds a few extra tidbits.

For example, the camera will connect via the vehicle’s data port, not just hook up to a USB or 12V outlet for power. “Ring Car Cam easily installs directly to the OBD-II port in your vehicle, located behind your steering wheel in most cars,” Ring explains. “It securely attaches to the windshield and dashboard of the car, and the cable can be neatly tucked away and out of sight.”

It’s unclear what extra data Ring might be gathering by using that approach. The OBD-II port typically grants access to various driving metrics, and though originally intended as a way for vehicle technicians to diagnose faults and issues in increasingly computerized models, has also gained traction as a way for third-party devices to tap that same stream of information. Amazon had also announced Ring Car Alarm, a cellularly-connected dongle that plugs into the ODB-II port.

The Ring Car Cam itself won’t require a subscription, though you won’t get all of the features in that case. “You can access video stored locally on the device via the Ring app when the car is within range of wifi,” the company explains. “With an optional Ring connectivity plan, you can access video from anywhere via LTE as well as advanced features like Emergency Crash Assist.”

The connectivity plan for Ring Car Cam will also unlock features like real-time tracking, to help locate a stolen vehicle.

What remains to be seen is how Ring Car Cam will fit into Ring’s existing sharing policies with police departments. The Amazon-owned company has found itself mired in controversy in recent years, after inking deals with law enforcement that saw many requests for footage from connected security cameras and video doorbells. Ring had been accused of fueling privacy infringement and supporting racial profiling.

Earlier this month, the company announced a new policy around sharing with public safety and law enforcement agencies. Moving forward, such agencies will ahem to request information or video from communities through a publicly-viewable category on Ring’s Neighbors app. This new section, “Request for Assistance,” will allow communities to see just what sort of data is being shared, Ring says.

“All Request for Assistance posts will be publicly viewable in the Neighbors feed, and logged on the agency’s public profile,” Ring explains. “This way, anyone interested in knowing more about how their police agency is using Request for Assistance posts can simply visit the agency’s profile and see the post history.”

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YouTube on iOS PiP makes it much easier to watch videos while multitasking

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YouTube is now rolling out the ability for all users to watch videos with picture-in-picture mode, which reduces the video players to a small floating screen on one’s phone or tablet. This feature won’t be limited to only premium customers as some had previously speculated, though those premium customers will get access to the PiP support first.

Android users have had access to YouTube’s picture-in-picture mode for a while; it has become increasingly useful as devices get larger, higher-resolution displays, leaving ample room for using more than one app at a time. With PiP, someone can watch a video in a small corner of their device’s display while doing something else, such as browsing social media, messaging, or playing games.

There have been concerns over recent months that YouTube wouldn’t only make its picture-in-picture mode available to paying Premium subscribers on iOS, but that’s not the case, according to confirmation given to MacRumors.

The feature is now rolling out to all iOS users in the United States, with Premium customers getting it first followed by free users ‘soon.’ Some iOS users have already had access to the YouTube picture-in-picture feature, though its availability has been touch and go with it working only sometimes.

The official support will eliminate the need to deal with difficult workarounds and buggy Safari streaming, though you may need to remain patient if you’re not a Premium user. The feature will be most useful on larger iPhone models where there’s enough screen space to watch a video in the mini player and engage in a second activity.

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Researchers say they’ve found the ideal strategy to pay off student loans

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When many people near college graduation, they begin to contemplate how they’ll deal with the student loans they’ve racked up over the past few years. The burden — which grows more substantial with every generation — can result in stress and, if not managed properly, may throw one’s life plans off track for several years. Mathematicians with the University of Colorado at Boulder may have a solution, explaining that they developed a mathematical model to explore the ideal repayment strategy.

Generally speaking, college graduates get a brief grace period after graduation during which time they aren’t required to make payments on their loans. Two different options are available once payments start: an income-based repayment strategy that involves paying a certain amount monthly based on one’s salary or simply throwing as much money at the loan as possible to pay it off in a shorter period of time.

In many cases, graduates are often advised to pay the loans off as quickly as possible if the funding amount is on the smaller side. On the flip side, graduates are typically told to take the income-based repayment option if they’ve taken out a substantial amount of funds in the form of student loans. The new study suggests a hybrid approach may be more ideal.

The mathematical model takes into account things like compounding interest rates, the income tax that may need to be paid, and more. The findings indicate that some graduates may benefit from a hybrid-style repayment approach that involves paying off as much as possible for the first several years, then switching over to an income-based repayment plan for the remainder of the balance.

The team of researchers hasn’t made their work available as a calculator for the public, but they do plan to improve it and potentially make it available to existing repayment calculators that may integrate the model. The ideal repayment method will ultimately depend on personal factors that must be accounted for, including things like anticipated salary and more.

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