"Self-Driving" Means Self-Driving

Forthcoming in Drake Law Review

45 Pages Posted: 21 Oct 2025 Last revised: 22 Oct 2025

See all articles by Bryant Walker Smith

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

Smith, Bryant Walker, "Self-Driving" Means Self-Driving (August 01, 2025). Forthcoming in Drake Law Review, Available at SSRN: https://ssrn.com/abstract=5631391 or http://dx.doi.org/10.2139/ssrn.5631391

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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