Presumably during setup and connection to the AP it has a ToS. Doubtful they just unboxed, plugged in, and it connected to the right AP and went.
Why not? iirc some of the smart TVs have been shown to find open wifi networks on their own and upload data. (I'm not sure about that though. But it's plausible and undoubtedly will be implemented some day).
I could also see some kind of partnership with ISPs to use their "public" WiFi hotspots[1]. This seems more likely since it's (probably) harder to honeypot but requires making regional deals.
[1] https://www.highspeedinternet.com/resources/is-your-router-a...
Legislators are cheap to purchase