Based on my own reading. Carrier IQ is installed on many Android-based phones, including those from AT&T, Sprint and T-Mobile networks. Apple, HTC and Samsung have all confirmed that Carrier IQ is on their phones. HOWEVER, Apple has also announced that it has stopped supporting CIQ as of iOS 5, and will completely scrub the software from later releases.
So no, this has absolutely nothing to do with whether or not your phone exists in a closed ecosystem. The problem is that companies are incentivized to get away with as much of this kind of information collection as it possibly can. And just because I have to jailbreak my iPhone if I want to install unvetted software, doesn't mean Apple is thumbing their noses at legitimate customer complaints and concerns.
However, the FBI can send a remote message to ANY phone to turn on its microphone and essentially use it as a wiretap. That's been built into every phone in the USA for something like 10 years now. It's why you have to surrender a cell phone in secure locations and military bases.
That's old news. Said wiretaps have actually been used against organized crime in America in the past and is likely used with more success now.
Oh, and you do know that everything you SEND through a cellular network -- texts, pics, urls visited are logged, right?
The only way to have a private network is to own the network. And know your netsec.
Really? When a phone is off, it's off, I don't believe the FBI can make a phone that has been hard powered off come up and start recording. The hardware just isn't capable of doing anything when it's hard powered off (evidenced by the fact that most phones need a signal to establish what time it is when you power them on.)
But the deeper you dig, the spottier the evidence really gets, with people confusing and jumbling a whole variety of facts together. For instance, the zdnet article cites "A BBC article from 2004 reported that intelligence agencies routinely employ the remote-activiation method."
Here's that article: http://news.bbc.co.uk/2/hi/uk_news/magazine/3522137.stm
It mostly seems to be talking about a physically bugged phone, except for the parts about decrypting conversations over the air. And the lasers.
All people have to go on is the words "roving bug" in a court opinion which has somehow morphed into "all phones contain SMS activated spy microphones."
Any briefing involving a secure area will mention that phones can be triggered this way, and that your customer (military, intel, DoD, or DOE) forbids their access for the very reason.
For secure locations, you have to surrender just about every electronic device you have, because they could be used to transport data outside the secure location. The same rule applies to USB sticks, hard drives, PDAs, ipods, etc.
The only way to ensure that you can trust the hardware and software you use is if it is 100% transparent. And while that is not always possible, the ability to control what runs on your own hardware goes a long way towards mitigating the risk of a betrayed trust.