It seems to me that if you want to have something be fair, it is important for it to be free and open source from top to bottom. If it isn’t that, then there is no fairness to the customer, because their freedoms are limited & their privacy is probably violated.
In addition the design of the phone has to be such that the user can prevent surveillance, such as listening in by others when the phone is ostensibly off… And this kind of fairness can only be achieved by careful hardware design that has a kill switch to permit the user to turn off the cellular radio.