Some of the data that is intended to be covered by Question 1 is data that was transmitted to the OEM last week. MA already has a right-to-repair law that covers the wired/OBD2 interface (which is a CAN bus interface at this point).
As for data that was transmitted "last week" I'd rather my car not transmit data continuously, and if I wanted to monitor it continuously I could just plug in a scanner with an embedded computer. There are already a multitude of such devices for OBD, both that pair with your phone and which run as independent devices.
In other words, the prior question covered wired connections, but wireless telematics was a "loophole" of sorts. If I were an OEM and wanted to sell in MA, I had an easy way to get data that would be able to stay proprietary to me and my network of dealers so long as I transmitted that data wirelessly.
I probably agree with you on the continuous data transmission point wrt desirability overall, but given that your car is going to do it anyway, I want that data to not be locked in the OEM garden. This removes that major advantage to using wireless transmission to work around this.