They may be a day late and a dollar short, but Adobe has finally responded to yesterday's news that they were using the Digital Editions 4 app to spy on users.
On a related note, I took some time today to read the TOS for Adobe Digital Edition 4, and I do not see where it gives them permission to track user behavior, much less upload said tracking data in the clear. What's more, I have also heard from a couple other techies who also read the TOS and were unable to find mentions of this program.
I have asked Adobe for an explanation on this last issue, and I will update this post if they respond.
Sadly, I don't expect that to occur; Adobe has not responded to my emails on this issue (I got this statement second-hand from Rich Bellis of DBW).
Update: I am in discussion with Adobe on this and other issues.