I'm a Tesla bear, I've shorted Tesla a few times over the last several years, but I've heard from insiders that they are going to hit their initial deadline, and they are already testing Model 3s on the roads, in a Model S form factor. That means I'm going to stay far away from this stock, at least as a short.
Not a lawyer but unless he's an employee of Tesla or otherwise got his information through his employment then he's not an insider for purposes of insider trading regulation.
Which isn't to say the SEC wouldn't go after him. Cops arrest people in the US for photographing public things all the time, for instance. Just that if it went to court he'd probably win.
I should have clarified, those are rumors that I heard online from alleged insiders a few months ago. I don't have real insiders information, otherwise I wouldn't be roughly break-even on my Tesla trades.
