Regarding the monitoring software on a phone I would consider it a weapon that can be used against you involuntarily
Cell towers already do that to an extent but I guess the difference is that if your phone is stolen and the police aren't after you its not going to be traced with the alternative of everything is logged and traced back to you whether you want it to be so or not.
this is a very good argument as to why this feature should not be implemented. However I would think that the phones would be disabled via the cell towers regardless so if they have no connection to the towers then the phone company would have no way of disabling it (for example if the phone was kept in airplane mode)