Well you have the right to not upgrade or to not use their software or opt-out, whatever the case may be. The government, Microsoft, or whoever else the case may be is not forcing you to give up your rights, they are telling you what they are going to do in the terms of service and you accept it...or you don't and maintain your morals, whatever you want to do.
I have nothing to hide, and I know all my data is already out there for anyone to see anyways (Facebook, forums, etc) so who cares if Microsoft analyzes my computer use, knows what porn sites I visit, or whatever. You can'thave a social world, or a connected world without giving up some of your information. You have the option to disconnect your entire lives from the net if you so choose, however you're not going to do that so stop whining and accept it.