In the future, Apple could install a small packet of poisonous gas that would be triggered on the first received phone call 10 hours after jailbreaking the device. I mean, they haven't, but they could do that. And that is creepy.
The financial benefit associated with iAds and location awareness provide an incentive. Where's the incentive to poison jailbreakers? One is significantly more plausible than the other.
Aside from that, your phone (whether you opt-out or not) being able to update its manufacturer (not your carrier) on your whereabouts at any given time IS creepy.
Apple asks now, and Steve Jobs says that Apple asks now, but is it illegal for them to change that policy? The only thing forcing them to include an opt-out is user backlash against the TOS change. Further down the road, when iOS disables opt-out because location-aware ads make Apple way too much money, I'm sure there'll be more justification from Gruber and other Apple evangelists.