That’s a red herring though. It shouldn’t matter if the person is paying attention if the self driving tech is working. (As Musk likes to say, the person is just there to tick off a legal checkbox.)
At what point do Musk’s statements represent a moderate legal risk?
For the sake of argument, could Musk’s statement, along with his very public insistence of being actively engaged in the design process, demonstrate a cavalier disregard for proper safety engineering at the management level (outside acceptable industry practice) and so a defective process?