[nextaccountic]

But should Microsoft be using this data like that?

[mwint]

“Should” questions rarely matter in practice.

They are, and they probably won’t be stopped, so each of us at the individual level have to decide if we are okay with it and what additional action to take to protect ourselves, if necessary.

[nextaccountic]

But what if the individual or a group of individuals decide that the best way to protect themselves is to sue Microsoft? Then the question of "should" becomes relevant agai

[mwint]

There's lots of legal things that groups can agree an entity "shouldn't" do, and lots of illegal things groups can agree "should" be done.

Even in a court, it's really not a 'should' question. It's a "is this legal, and what is the penalty" question.