“The ability to disable the…feature during the setup process…” does not mean opt in, that means opt out.
Knowing windows setup, you need to click customize during the setup process and then go through several setup pages before you’re presented this option (or have to dig into additional/advanced settings to find it).
Most people won’t do this, won’t know how to do this, or will receive the pc with the initial setup complete and won’t know if this is on or off.
Take Tesla for whatever you will, but there’s crazy conflict of interest behind the dawn project/Dan o’dowd attacking this.
“Green Hills also develops automotive software—it's about 40 percent of the company's business, O'Dowd said—and is a software supplier for the 2022 BMW iX EV crossover. This has caused O'Dowd critics and Tesla fans to call out The Dawn Project's conflict of interest and question the organization's motives.”
https://www.motortrend.com/features/tesla-full-self-driving-ban-attempt-elon-musk-dan-odowd/
Was there a process in place to prevent the deployment that caused this?
No: blame the higher up
Yes: blame the dev that didn’t follow process
Of course there are other intricacies, like if they did follow a process and perform testing, and this still occurred, but in general…