"Self-Driving" Means Self-Driving
Forthcoming in Drake Law Review
45 Pages Posted: 21 Oct 2025 Last revised: 22 Oct 2025
Bryant Walker Smith
University of South Carolina - Joseph F. Rice School of Law; Stanford Law School Center for Internet and Society
Date Written: August 01, 2025
Abstract
Tesla uses the name "Full Self-Driving" to market a driver assistance system that still requires its user to pay attention to the road. And yet, as this article documents, there is a broad consensus among developers and regulators of motor vehicle technologies, including Tesla itself, that the term "self-driving" correctly refers only to a system whose user does not need to pay attention. This conclusion is foundational to multiple ongoing legal proceedings around the world.
Keywords: automated driving, driverless, driver assistance, Tesla, Full Self-Driving, self-driving, robotaxi, false advertising, misleading marketing, deceptive marketing, truth in advertising, FTC Act, Lanham Act, J3016, autonomous driving
Suggested Citation: Suggested Citation
Bryant Walker Smith (Contact Author)
University of South Carolina - Joseph F. Rice School of Law ( email )
1525 Senate Street
Columbia, SC 29208
United States
HOME PAGE: http://law.sc.edu/faculty/smith
Stanford Law School Center for Internet and Society ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
HOME PAGE: http://cyberlaw.stanford.edu/bws
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