I actually personally don't mind sending my search data to Apple but I would consider myself an outlier in this regard -- it should be opt in AND especially, given their supposed commitment to privacy, is a botch.
ah, reading about it now, it's not deception on apple's part it's user error for not using the correct safari settings.
that's what i meant when i said there was no way this was done on purpose - apple care far too much about their credibility to pull that sort of stunt.