The issue is that the system is necessary to make the plane self-certifiable. I.e. Boeing has to show that the aircraft is not essentially different in flight characteristics from the original airframe it was based on. This allows them to avoid the very costly retreating and type certification they would be required to do otherwise with a 'novel' airframe.
Frankly, as soon as the Erodynamics changed sufficiently that a new automated system was required to maintain parity with older airframe's flight characteristics, I think the case should have been made for requiring a new type cert, or at least far more extensive change notification/documentation update requirements.
Frankly, as soon as the Erodynamics changed sufficiently that a new automated system was required to maintain parity with older airframe's flight characteristics, I think the case should have been made for requiring a new type cert, or at least far more extensive change notification/documentation update requirements.