Quite possibly...but untill the make PLBs legal, if ever, I would rather have something than nothing...whether it tracks me or not...it may save my life. I've not seen any reports of the SPOT switching on accidentally...can you cite any specific instances e.g. links to reports in other forums, etc.
As for tracking...I'm tracked when I go out in my car, when I use my credit card, bank card, post a recorded item, etc. We all leave a trail whether we acknowledge/like it or not....why be paranoid about it...it's a sign of the times and it will more than likely get worse rather than better...we're all sheep in this country and THEY can do what THEY like and get away with it.
