Broder: "I limped along at about 45 miles per hour"
Data: very strange readout at 400 miles (looks like stop and go), followed by period averaging 52 mph
Counterreply: "but it may be the result of the car being delivered with 19-inch wheels and all-season tires, not the specified 21-inch wheels and summer tires. That just might have affected the recorded speed, range, rate of battery depletion or any number of other parameters. "
Verdict: There are three possibilities:
1) Broder thought he was going at 45 mph but in fact was going faster
2) Broder intentionally sped up
3) The instrumentation was off
The car data doesn't reflect what the instrumentation showed, so (3) can't be determined. I personally find (1) much more plausible than (2), especially since I do this as well when test-driving cars I'm not used to driving.
Broder: "planted myself in the far right lane with the cruise control set at 54 miles per hour"
Data: Averaging 60 mph
Counterreply: "I do recall setting the cruise control to about 54 m.p.h., as I wrote. "
Verdict: Tesla should be recording these actions as well. In absence of cruise control data, it's a he-said-she-said.
I can appreciate the argument that Broder was lying if there was a very large discrepancy between the claims and the data. But honestly, I couldn't tell the difference between 40 and 50 mph in my 911, and that's a car I've had for more than a year, so I wouldn't be surprised if he saw the speedometer, thought he was going at a certain speed, and watched the road most of the time. I know I don't spend my driving time with my eyes glued to the speedometer -- I think watching the road is far more important.
Given that even the data corroborates the claim that he was under the speed limit during those times (e.g. averaging 60 in a 65 mph zone is under speed limit), protesting over 5-10 mph comes off as niggling moreso than malice