Used to be that transmitting data about what the user's doing without asking for permission was "spyware" automatically—that it was happening behind your back was already a sign of bad faith.
The opt-in thing is fine, but some of us are still stuck, I guess, on older standards for software ethics, and find it entirely unacceptable and alarming that opt-out was ever proposed in the first place, about as bad as if they'd proposed adding an opt-out bitcoin miner to it to help fund the project—it's disturbing they'd consider that OK to even propose.