Yes; I get that.You are right,in theory!
Who's to "blame* or responsible won't matter to the one's in charge of regulations if there will be a lot of accidents and negative name to the emtb market.
There is a lot of fear among bike brands and motor manufacturers from emtb branded as a dangerous sport.That could have really bad effect on the industry.
But the threat is much wider than the peak power of a decent E-MTB from reputable manufacturers!
The threat is from all the shoddy ‘kit’ bikes with riders who have zero regard for other road/Pat users that are/will do the damage.
Fingers crossed, Specialized absolutely nail the spec of the Levo.
Though if the huge price is real, it may not matter.