[jarrettcoggin]

All they would need to do is to annotate the "I accept the defaults" option with something that says, "This enables default options, such as Do Not Track, javascript, sending anonymous usage reports to Microsoft, etc."

Then, by shoving it in their face like that, your point is invalid and they comply with the spec because the user has chosen not to be tracked, among other things. Now, they would need to force a user to go through that setup as a requirement to use IE10, but that shouldn't be a big issue for MS.