I'd wager he knew what he was getting.

But didn't (wouldn't) know about it's E.T. features and avoid them?

Sure, those times may not mean much to anyone, but they can show where I was at certain times (preciesly the reason I don't use dang EZPass on the highways). That may be an invasion of privacy.

I don't see how you deciding to tell your Empeg to phone home is an invasion of anything, you're specifically enabling it... Just disable it or avoid synching immediately before planning on killing someone or robbing a bank.