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If you're distracted and not actively monitoring an SAE Level 2 autonomous system then you're a hazard to yourself and others. Don't do that. You need to be ready to actively intervene with zero advance notice.
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You're technically correct of course, but the fact of the matter is every driver gets distracted/tired and having the FSD safety net only makes things safer, assuming you don't go out of your way to get distracted. I've lost count of the times I looked over at a "dumb" car being driven by someone on their phone. Would you rather that person be in a Tesla using FSD or in their Subaru Crosstrek?
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