Two things:
1.) Do we have proof that you have to have the camera unobscured and the Kinect actually plugged in? Admittedly, I haven't watched the numerous videos out there, but can someone point me to where this has been confirmed?
2.) Is it that it has the capacity to monitor you, or the fact that you MUST not take steps to disable the monitoring capacities that bug you? Because if you're not already sticking tape over your phone camera or disabling the microphone, then it sounds like it's more the REQUIREMENT that bugs you rather than the actual need to do anything. Do you actually put tape over your phone? Or do you just like the idea that you COULD if you wanted to, and the phone would still work, so apple/motorola/samsung/LG/whoever is ok by you, but MS -- who is REQUIRING you to give them the capacity to spy on you in order to play video games -- is bad because they're REQUIRING you to do something you probably wouldn't do anyway?
If that reads as confusing, it's because I'm confused.