[dkonofalski]

Do you have any evidence of this? Setting up an iPhone or iPad asks the user to opt-in to Apple's tracking. The only reason it would be opt-out is if you opted in previously and a software update has revised the permissions/tracking for that app. If you've previously opted-in, then the default is not opt-in. You're just seeing it that way because of your previous allowance.

[maskedinvader]

Maybe youre right, that its remembering previous opt in setting and defaulting to opt when setting up new iphone, but I am 100% sure its not the same behavior for other 3rd party apps, they always default opt out regardless what option you chose the previous time you installed the app.