[Epic 4G General] Sesquipedalian:
First off, the question about having a "right" to use CIQ -- the answer if most definitely no. However, they may have license to use CIQ or similar software.

I've seen a lot of people in this thread make the argument, "if you don't like it, don't use their network". The problem with that argument is that it is not strictly "their" network. The network exists at radio waves transmitted through the public air, using spectrum they have licensed from the FCC. Generally speaking, that spectrum is seen as belonging to the public at large, and so in order to use that spectrum, there are certain impositions on what kinds of services can be provided, and how they must be operated. This is all controlled by the FCC.

To put it another way -- Sprint has been granted a monopoly on a certain frequency of radio waves. If you or I built a big tower on our private land, with personal cash, and started send out radio waves on those frequencies, we would quickly be shut down and probably fined large sums, and possibly face criminal prosecution. If we refused to take it down, it would end up with armed sheriffs coming to do so as a court order.

So does Sprint have a "right" to use public air as they see fit. Absolutely not. At best, they have a license to use it in very specific ways.

That said, we definitely should, as citizens, petition our representatives to regulate the public airwaves in a manner we find appropriate. For comparison, when the old analog TV spectrum was auctioned (700Mhz), it had some open access provisions that directly relates to the discussion of CIQ. Verizon sued the FCC for adoption the open access provisions, but dropped their case. In other words, there is certainly a precedent for the FCC to set such requirements on how companies that license public frequencies are free to use them.

There are only a limited possible number of wireless carriers, because the spectrum is limited. The government grants a monopoly to those carriers. You or I cannot start a cell phone carrier from scratch. Therefor, the market mechanism of competition is more or less dead. We must rely on the power of the regulatory bodies to impose on the carriers what we see fit -- simply not buying their product and expecting competition to sort it out will not work in this monopoly situations.

My personal opinion is that Sprint should be able to install CIQ on your device. I also believe you should be able to alter a device you purchased in any way you see fit. The real question is: should altered devices be allowed to operate on the network? I say absolutely, so long as their interaction with the network is functionally the same as unaltered devices.

You can look at the issue another way, too. It's clear that, without contract stipulations, CIQ would be illegal. It is NOT okay for people to snoop on your personal property without permission. Sprint, in this case, strongarms you into giving them permissions if you want service. Since they are granted a monopoly by the government, and since the free market will never regulate such a natural monopoly, it is fair of us to petition the government to regulate the monopoly holders, in this case, prevent them from forcing us to waive our rights (privacy is an actual RIGHT) in order to use their service.

So there are two reasons what Sprint is doing with CIQ is "wrong":

1) Invasion of privacy

2) Arbitrary stipulations about how you may use your own property

The ultimate question is: should Sprint be granted monopoly use of public air, if they are going to force their licensees of that air to waive their basic rights?

My opinion is absolutely not. The terms of their contract might actually be considered unconscionable, but I don't know of any specific case law where anyone has sued on those grounds. With the strongly pro-business anti-consumer leaning of SCOTUS, it's unlikely they would find it such.