You are basically correct. I have first hand hacking experience with the drive by wire throttle because my Grand Challenge team automated a Toyota Prius for the last Grand Challenge. There are 2 completely independent signals that go from 2 independent sensors on the pedal to the computer throttle component. The signals have to move in lock step with each other or the computer will detect a fault. If a fault is detected the throttle goes completely off and the car has to be turned off and turned back on to recover.

So for the throttle to stick down both pedal sensors have to fail in the same way at the same time, which seems highly unlikely to me. Or there could be a bug in the computer control section, bus as a software engineer I can assure you that that would be impossible. ;-)

I remember this coming up a number of years ago when they first put this clause in the ticket sale license. It was discussed to death back then and so it's kind of funny to me that it has suddenly come up again. The (possibly apocryphal) reason that my more in-the-know burner campmates told me way back when:

The year before a bunch of guys went around with a video camera and tried to release a "Girls of Burning Man" video in the style of "Girls Gone Wild". This was widely viewed as poor form. So the organizers put the clause in specifically to nip that kind of behavior in the bud. They didn't want people (women in particular) to have to worry about unwittingly becoming part of some cheesy softcore porn video.

When I tried to sign up for Verizon's wireless data service they wouldn't let me pass the credit check without a land line. I tried to tell them I didn't have a land line but they couldn't cope with that. Eventually the girl at the counter gave her sister's apartment number to the credit check guys (she didn't have a land line either). Got to love unbending bureaucracy.