Yes, they can technically already do so, but that is not the question. The question is what can they legally do and justify with high confidence in the event of

Yes, they can technically already do so, but that is not the question. The question is what can they legally do and justify with high confidence in the event of a legal challenge. Changes to binding contractual terms that allow broad readings and provide legal justification for future overreach are dangerous. If they really are serious that they are going to use these new features in a highly limited way then they can put their money where their mouth is and add legally binding contractual terms that limit what they can do with serious consequences if they are found to be in breach. Non-binding marketing PR assurances that they will not abuse their contractually justified powers are no substitute for the iron fist of legal penalty clause.