Tesla has been relentlessly optimistic about autonomous cars and their role in the company’s future. As Reuters reports, as far back as 2016 Elon Musk was touting autonomous driving software as “probably better” than humans for driving his company’s cars. Last week during an in-house call to discuss quarterly results, Musk confirmed that he expected an upgrade to Tesla’s Full Self-Driving software package by the end of 2022 that would “be able to take you from your home to your work, your friend’s house, the grocery store without you touching the wheel,” according to Reuters. On that call, Musk described government regulation as the primary obstacle to autonomous driving.
While there are no particulars as yet from the Department of Justice, the overall purpose of a criminal investigation of these claims would likely be whether, in light of the widely reported failures of Autopilot, Tesla’s claims constitute fraud and/or endanger Tesla drivers with a false characterization of what Tesla’s autonomous offerings can do. Much of Tesla’s own language stops short of Musk’s characterization: the company notes on its website that its onboard software “does not turn a Tesla into a self-driving car nor does it make a car autonomous.”
Again, there has been no official announcement of an investigation into Autopilot by the Department of Justice. Should such an investigation take place, it would have to address whether Tesla’s optimistic characterization of Autopilot falls into the category of legally protected marketing or crosses the line into fraud.
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