Re: Faint hope... very faint....
"In the meantime it had adhered to the old Safe Harbor rules despite the agreement being found invalid." doesn't have the same ring to it, does it.
MS have gone full on slurp mode with 10, they probably knew some states would bitch but needed to get the basic database populated so any later tracking by other means can be tied up to a person.
I bit like non facebook users still having a facebook identity, just not a public one.