It does seem a little hypocritical when the entire iPhone requires you to sign in with an Apple account. You think they're not tracking search data in the Maps app?
How so? You can use the phone just fine without an Apple account - you just won't be able to download any apps. Bookmarks in Maps works without having to sign into anything.
Last time I bought an iPhone I had to activate it with an Apple account as soon as I turned it on. Maybe that's changed.
It has always been an option. If you get your phone activated in store it is working the moment you walk out with no input on the customers part.