I think if I stopped using a phone for quite some time and then brought that up as proof it would have standing. When asked why I stopped using my phone I would say it was because I was afraid my phone would be forced to transmit information which then could be intercepted by third parties and used to exploit my identity. That definitely is a legitimate concern and represents an adverse effect.
Perhaps. I'm not familiar enough with the legal system. My guess is if it came down to whether or not your fears were considered to be reasonable, and for that to be determined, you would probably have to present tangible effects that using such a network would have upon you. One would think that a government impinging upon your Constitutional Right to privacy was harm enough. That is the damage done.