It appears to be so: misuse is included in the overall safety assessment.
But this is exactly the position of NHTSA in the report. They say that if Tesla can reasonably do something to mitigate misuse, then they should. That’s what this is about.
1) This is currently limited to a pretty restricted market (people who drive Teslas, which is a small subset of car drivers). When used more widely by a wider set of people, it may have a worse track record.
2) It isn't clear that such misuse has reasonable mitigations that will continue to make it attractive to use.
But this is exactly the position of NHTSA in the report. They say that if Tesla can reasonably do something to mitigate misuse, then they should. That’s what this is about.