so far Tesla have said (quite recently) that HW3 will be capable of FSD, and about 200%-300% better than a human, with HW4 being about double that again.
the more likely scenario in my mind is that it will come down to regulators and the consequences should HW3 not meet their needs but HW4 would.
The main regulatory aspect here I think is redundancy. HW3 has traded redundancy for capability, which may mean full unsupervised driving will never be on the cards, whereas HW4 has restored that redundancy so might be fine in these aspects.
From a shareholder risk perspective, revenue has only so far been recognised on what has been delivered, so should there be any refunds, they would only hurt the cash side and not the financials. On the other hand, the small print has always been "subject to regulatory approval" so Tesla may be fine, even if there are disgruntled customers - I think should that happen then the ability to pass the FSD functionality/licence to a new HW4 Tesla might retain some customer satisfaction here.
Going forward, with rate of production increase, and assuming HW4 becomes common across all models, then by the end of 2024 there will be more HW4 on the roads than HW3 anyhow, so any potential downside risks and liabilities diminish significantly with time. Indeed should HW4 accelerate the FSD journey and make RoboTaxis happen soon, then there is only upside in my view.
Looking at this technicall - I'd hope TEsla has the ability to let FSD run on a unified 360° field of view that the neural nets are building with whatever camera stack is on the car - with this they could deal with all vehicles having different camare configs and only modifying the "360° stitching layer" for new layouts - this would mean that HW3 has less visibility range and angles but still same features on top of the stitching - so less reliability and assertness but still same features.
I hope they will tell us new radar is within image space, increasing forward detail and range but not different from the stack ontop of 360° view ... that would make the radar part clear as well.