I think the point here is that the computer was recording and transmitting information about him and his wife without either of their knowledge or consent. If he had wanted LoJack for his laptop, he could have signed up for one of the services that offers it. Once again, hardware manufacturers seem to think they still own the device once you've bought it.
To be fair to Absolute and Toshiba, there are advantages to this sort of tracking/anti-theft software being integrated by the manufacturer. Building it into the BIOS, though scary and rootkit-like, gives the software persistence across re-installs of Windows, a feature I doubt the standalone competitors boast. If I was a laptop thief, the first thing I'd do would be to image then wipe the drive.
But yes, consent is a must. Absolute and Toshiba should have avoided this issue by adding a clear, detailed notice/consent screen on the first boot.
It's not even consent. Toshiba should be listing this "feature" as a security feature, letting potential buyers know that there is non-removable software that allows this laptop to be tracked in event of theft. Marketing this has the potential to turn it around from "Toshiba plants rootkits" to "Toshiba has some of the best anti-theft protection"
I don't see this listed in the official specifications, so if it were me that found it, on a laptop that doesn't say it has it, I would also agree that this is malware.
