There used to be a distinction between services offered on the web and apps running on the desktop (spyware, illegal). Windows 10 changed all that (along with lots of help from mobile OSes). It's (constitutional) criminal behavior (eula or not) and should be classified as such.
I don't think you've paid much attention, but that had changed long before Windows 10. This is just Microsofts big foray into that dark market. For years other companies have done the same thing.
You basically repeated everything I just said. You see... I do pay attention. Along with "lots of help from mobile OSes", Microsoft's big push into embedding spyware into a Desktop OS has completely changed the game. It has given applications - running on user local machines - license to install spyware (which is still considered illegal under the law).
Granted this is a complicated issue but we shouldn't be so quick to disregard privacy rights we have fought (and died) so long for. When backdoors and spyware are embedded into a person's home computer and/or personal property (from a car to a mobile OS), we have also allowed illegal search and seizure.