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The article writer is paranoid. You need the latest firmware update some games, PSN access and content manager access (via PC or PS3).

Now all three of these features require the latest firmware for a reason
-- Some games use new features added in firmware X, without those features you will break the game.
-- SONY wants to minimize PSN exploits so requiring the latest firmware update is reasonable.
-- Content Manager, rather than dealing with individual flags for each game to specify the device and firmware version required to play, SONY elected to just flag each system and require that you have the latest firmware update. It is a content manager optimization that has the secondary effect of improving security. Ofcourse SONY is taking advantage of this!

As for the spying thing. That is speculation and fun fact - IF SONY is recording data on what you transfer on and off PS Vita it will be basic data eg. Video file, Game file, Music file, Unknown file.