Telemetry is this close to being apparatus for spying; a court order (secret or otherwise) could strip whatever anonymization MS is doing, say, for specific IPs or even whole regions by geography. Poof: keystrokes in real-time, available to state actors. Wouldn't that be grand?

Developed capacity may not equal intent, but if you can be ordered to do secret work and make it so anyway, the distinction is irrelevant.