Yesterday, after that mail from Tesla informing about 40.2.2 and its purpose to EU cars (apply same EU required limitations on AP performance), I deleted all Wifi config timely, as surely enough a few hours later I had a prompt to connect to Wifi: 40.2.2 was ready to download.
This morning, I notice it is gone. Victory I though. But later on my way, it was back and now proposes 40.2.3.
I am one that still believes Tesla is trying to do the right thing about the older batteries, so I'd be inclined to allow 40.2.3 to run... except it includes 40.2.2 and the misery I wanted to avoid. Dilemma... (I know... first world problem, right?)
PS: there was a comment earlier that 40.x brought nothing much... for those that missed it, it has a hidden gem: it enables again voice "play song" to actually play the song, and not just open the search page and results.