I think this is a fair position and believe you're making it in good faith, but I can't help but disagree.
I think the reasonable default here would be to not upload to MS severs without explicit consent about what that means in practise. I suspect if you actually asked the average person if they're okay with MS having access to all of the data on their device (including browser history, emails, photos) they'd probably say no if they could.
Maybe I'm wrong though... I admit I have a bad theory of mind when it comes to this stuff because I struggle to understand why people don't value privacy more.