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SpaceX’s Polaris Dawn Falcon 9 rocket sits on Launch Complex 39A of NASA’s Kennedy Space Center as it is prepared for another attempt to liftoff on September 9, 2024 in Cape Canaveral, Florida. 

Joe Raedle | Getty Images

Elon Musk said SpaceX will sue the Federal Aviation Administration for “regulatory overreach” after the agency planned to fine his defense contractor for issues with two launches last year.

Musk’s threat of litigation, in a post on X on Tuesday, came after the FAA announced it would levy fines amounting to $633,000 against SpaceX because the company had purportedly failed to comply with a variety of licensing and safety-related regulations during those launches.

The FAA said SpaceX used an “unapproved rocket propellant farm” for its EchoStar XXIV Jupiter mission in July 2023. And for its launch a month earlier from Cape Canaveral Space Force Station in Florida, SpaceX had modified its communication plans and used a new and unapproved launch control room, the FAA said.

According to a “notice of proposed civil penalty,” the FAA clearly informed SpaceX on June 16, 2023, two days before the launch, that the agency “would not issue a modification” to the SpaceX license. SpaceX went ahead anyway.

Musk and a spokesperson for SpaceX didn’t immediately respond to a request for additional information on the focus of the company’s complaint.

Musk also posted comments on X, characterizing the FAA’s latest proposed civil penalties as “lawfare.”

“NASA puts their faith in @SpaceX for all astronaut transport to and from the [International Space Station], but somehow [FAA] leadership thinks they know better,” he wrote in a post to his almost 200 million followers.

The FAA didn’t respond to a request for comment.

In a recent blog post, SpaceX complained about “difficulties launch companies face in the current regulatory environment,” specifically pertaining to “launch and reentry licensing.”

Last year, the FAA said it would fine the company $175,000 for failure to submit required data ahead of a Falcon 9 launch in 2022. SpaceX had paid that fine in full by last October.

In August, the FAA had to scuttle an approved SpaceX Starship Super Heavy environmental review because Musk’s company failed to disclose that it had received multiple enforcement actions from a Texas state and federal environmental authorities.

The FAA’s latest proposed civil penalties highlight the agency’s difficulties obtaining required information from SpaceX in time to review and authorize launches and reentries.

As CNBC previously reported, the federal Environmental Protection Agency and Texas Commission on Environmental Quality found that SpaceX had repeatedly violated the Clean Water Act and failed to obtain proper permits for industrial wastewater discharges at its Starbase facility in Boca Chica, Texas.

In addition to taking on the FAA and environmental regulators, Musk has clashed with the National Labor Relations Board. He filed a federal lawsuit alleging that the NLRB is unconstitutional in its structure, and that its administrative processes violate the concept of the separation of powers.

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Public companies bought more bitcoin than ETFs did for the third quarter in a row

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Public companies bought more bitcoin than ETFs did for the third quarter in a row

Ozan Kose | Afp | Getty Images

Corporate treasuries have surpassed ETFs in bitcoin buying for a third consecutive quarter as more companies try to benefit from the MicroStrategy playbook in a more crypto-friendly regulatory environment.

Public companies acquired about 131,000 coins in the second quarter, growing their bitcoin balance 18%, according to data provider Bitcoin Treasuries. ETFs showed an 8% increase or about 111,000 BTC in the same period.

“The institutional buyer who is getting exposure to bitcoin through the ETFs are not buying for the same reason as those public companies who are basically trying to accumulate bitcoin to increase shareholder value at the end of the day,” said Nick Marie, head of research at Ecoinometrics. 

Public company bitcoin holdings increased 4% in April, a tumultuous month after the market was rocked by President Donald Trump’s initial tariffs announcement, versus 2% for ETFs, he pointed out.

“They don’t really care if the price is high or low, they care about growing their bitcoin treasury so they look more attractive to the proxy buyers,” Marie added. “It’s not so much driven by the macro trend or the sentiment, it’s for different reasons. So it becomes a different kind of mechanism that can push bitcoin forward.”

Bitcoin ETFs, whose collective U.S. launch in January 2024 was one of the most successful ETF debuts in history, still represent the largest holders of bitcoin by entity with more than 1.4 million coins held today, representing about 6.8% of the fixed supply cap of 21 million. Public companies hold about 855,000 coins, or about 4%.

Regulatory relief

The trend reflects the significant regulatory relief the crypto industry broadly is benefiting from under the Trump administration. In March, Trump signed an executive order for a U.S. bitcoin reserve, sending a strong message that the flagship cryptocurrency, which has long been a source of reputation risk among many investors, is here to stay. The last time ETFs outpaced public companies in bitcoin buying was in the third quarter of 2024, before Trump was re-elected.

In the second quarter, GameStop began buying bitcoin, after its board approved it as a treasury reserve asset in March; health-care company KindlyMD merged with Nakamoto, a bitcoin investment company founded by crypto entrepreneur David Bailey; and investor Anthony Pompliano’s ProCap, kicked off its own bitcoin purchasing program and is going public through a special purpose acquisition company, or SPAC.

Strategy, recently rebranded from MicroStrategy, is still the main behemoth in the bitcoin treasury game. The company pioneered the strategy that more than 140 public companies globally are now emulating. It holds about 597,000 BTC, and is followed by the bitcoin miner Mara Holdings, which has almost 50,000 coins.

“It’s going to be very hard to catch Strategy’s scale,” said Ben Werkman, chief investment officer at Swan Bitcoin. “They’re going to be the preferred landing spot for institutional capital because of the deep liquidity around their equity, while these smaller equities are going to be really good risk returns for retail investors and smaller institutions that want more of that upside – that initial growth that comes in kicking off the strategy – because a lot of people missed it with MicroStrategy.”

A long-term case?

Marie suggested that 10 years from now, there probably won’t be so many companies committed to the bitcoin treasury strategy. Firstly, he said, the more that enter the category, the more diluted the activity at each firm becomes. Plus, bitcoin may be so normalized by then that proxy buyers are no longer constrained by rules and mandates around direct exposure to bitcoin.

“You can think about this wave as a bunch of companies that are trying to benefit from this arbitrage,” Marie said.

Werkman pointed out that most investors that are attracted to bitcoin treasury companies today already have a thesis around bitcoin. For them, leveraged bitcoin equities are likely how they try to outperform bitcoin itself, the foundational component of their investments.

“What people really like about these companies, and why they like to get into these smaller companies, is because they can do something that the investors holding spot bitcoin can’t do: go and accumulate more bitcoin on your behalf because they have access to the capital markets and can issue securities,” Werkman said.

There’s also likely to be a fair number of companies that convert their existing treasury holdings to bitcoin without pursuing leverage the way Strategy does, Werkman noted.

“They’ve got that ability to generate more and more value behind their shares, backed by bitcoin, plus whatever the operations of the company are generating. It’s a unique value proposition,” he said.

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AeroVironment stock drops 7% on offering plan to pay off debt

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AeroVironment stock drops 7% on offering plan to pay off debt

An image of a Quantix drone made by AeroVironment.

David Mcnew | Getty Images News | Getty Images

AeroVironment shares fell 7% Tuesday after the defense contractor said it plans to offer $750 million in common stock and $600 million in convertible senior notes due in 2030 to repay debt.

The drone maker said it would use leftover funding for general purposes such as boosting manufacturing capacity.

AeroVironment shares have soared 85% this year, ballooning its market value to about $13 billion.

Last week, shares of the Arlington, Virginia-based company rallied on strong fourth-quarter results, lifting higher as CNBC’s Jim Cramer called it the “next Palantir of hardware.”

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Last month, the company also closed its $4.1 billion acquisition of space-related defense tech company Blue Halo.

Earlier this month, President Donald Trump signed an executive order intended to boost drone production in the U.S. and crack down on unauthorized uses.

The company also has a high short interest level, which may have contributed to some of the recent gains, creating a short squeeze. This phenomenon occurs when a stock price surges, forcing those shorting the stock to purchase shares to cover their positions and prevent losses.

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AeroVironment CEO on European defense spending boost, U.S. defense spending and Trump

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Web giant Cloudflare to block AI bots from scraping content by default

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Web giant Cloudflare to block AI bots from scraping content by default

Jaque Silva | Nurphoto | Getty Images

Internet firm Cloudflare will start blocking artificial intelligence crawlers from accessing content without website owners’ permission or compensation by default, in a move that could significantly impact AI developers’ ability to train their models.

Starting Tuesday, every new web domain that signs up to Cloudflare will be asked if they want to allow AI crawlers, effectively giving them the ability to prevent bots from scraping data from their websites.

Cloudflare is what’s called a content delivery network, or CDN. It helps businesses deliver online content and applications faster by caching the data closer to end-users. They play a significant role in making sure people can access web content seamlessly every day.

Roughly 16% of global internet traffic goes directly through Cloudflare’s CDN, the firm estimated in a 2023 report.

“AI crawlers have been scraping content without limits. Our goal is to put the power back in the hands of creators, while still helping AI companies innovate,” said Matthew Prince, co-founder and CEO of Cloudflare, in a statement Tuesday.

“This is about safeguarding the future of a free and vibrant Internet with a new model that works for everyone,” he added.

What are AI crawlers?

AI crawlers are automated bots designed to extract large quantities of data from websites, databases and other sources of information to train large language models from the likes of OpenAI and Google.

Whereas the internet previously rewarded creators by directing users to original websites, according to Cloudflare, today AI crawlers are breaking that model by collecting text, articles and images to generate responses to queries in a way that users don’t need to visit the original source.

This, the company adds, is depriving publishers of vital traffic and, in turn, revenue from online advertising.

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Tuesday’s move builds on a tool Cloudflare launched in September last year that gave publishers the ability to block AI crawlers with a single click. Now, the company is going a step further by making this the default for all websites it provides services for.

OpenAI says it declined to participate when Cloudflare previewed its plan to block AI crawlers by default on the grounds that the content delivery network is adding a middleman to the system.

The Microsoft-backed AI lab stressed its role as a pioneer of using robots.txt, a set of code that prevents automated scraping of web data, and said its crawlers respect publisher preferences.

“AI crawlers are typically seen as more invasive and selective when it comes to the data they consumer. They have been accused of overwhelming websites and significantly impacting user experience,” Matthew Holman, a partner at U.K. law firm Cripps, told CNBC.

“If effective, the development would hinder AI chatbots’ ability to harvest data for training and search purposes,” he added. “This is likely to lead to a short term impact on AI model training and could, over the long term, affect the viability of models.”

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