I'm not really sure this even falls under the jurisdiction of the WireTap Act. Obviously this is something for the courts to decide, but from what I could gather it seems like Bose is just logging information about what their users are listening to, and not intercepting or otherwise listening in on the actual song. It's honestly probably no different from any other music service (maybe apart from the selling to a third party thing) since I'm sure they all collect metrics around what people listen to. Personally I don't see how this law can apply in it's current form.