Earlier quoted context omitted.
"Clickstream owned by user. Opt out by turning off toolbar." It is not clear to me that the user completely owns the clickstream. If Google's terms of use say you cannot share their search results with anyone else, are you legally allowed to send the clickstream to Microsoft?
If Google's terms of use say you cannot share their search results with anyone else, are you legally allowed to send the clickstream to Microsoft? So if my dad calls with a question, and I search for the answer, I can't send him the link that I got from Google? Or do you mean something else?
Now it may be the case that sending clickstream data on Google to Microsoft is perfectly fine, but it's not exactly clear to me.