[problems]

Does this encompass malware that sends unique device identifiers to 3rd parties? Google account names? Or are those extremely common practices not considered malicious at all? In my opinion those are much more malicious actions. The only way to compare malicious with malicious is indeed relative. If one arguably malicious action is prohibited but another is not, you have to question the motivations. "More malicious than" common practice therefore seems like a very good question to ask.

[wordupmaking]

Yes, I absolutely agree that plenty of commonly practiced or even accepted things are malicious, too, at least with the way they're hand waved away ("to improve our service" and worse).