Whether this is false advertising or even just moral is up in the air, but Tesla is making no attempts at educating consumers about the limits of their autonomy other than the bare minimum (yeah you technically have to keep both hands on the wheel, but that mechanism is easily defeated and you can even buy clips on Amazon that do it for you). I'm pretty sure Elon even liked a tweet about a Pornhub video where someone banged a model on the highway with autopilot. Which is an excellent day for PR and a disastrous day for legal.
The point being, sure, academically they are a far way away, but they are trying to convince consumers Level 5 is just around the corner.
If a human has to sit there and monitor the car without interacting with it, then we shouldn't allow it on the roads. That means skipping level 2 and probably level 3. Go the Waymo route and go straight to full self driving cars.
From a driver responsibility point of view, it is a fancy cruise control, there is no question about autonomous certification because the car isn't autonomous.
If one day, Tesla thinks it is OK for drivers not to pay attention and wants to make it legal, that's when the question about what kind of tech is reasonable will be asked. But for now, it looks like we are far from it. There is a huge gap between "works well most of the time" and full autonomy.