According to the NHTSA, Tesla was forced to enable driver monitoring via a camera because sensing driver steering input was insufficient.

So, without a doubt, 10s of millions of cars have "insufficient" driver monitoring while having "level 2" capability. Should those cars not be recalled and the feature be disabled (or updated to more aggressive monitoring if appropriate hardware exists)?

To be clear, I fully support driver monitoring for ADAS to whatever extent regulations require. But picking and choosing who to enforce the rules suggests they aren't working for the general public's best interest.