Normally, yes, but in the context of an operating system nagging to enable invasive voice recognition features every time a minor update is installed, I think “trickery” is an accurate descriptor. It is dishonest to ignore that I already said no and to put a check mark where I previously removed one, particularly when the request is to enable an always-on microphone. Anyone acting this way in real life would be called out for malice.
minor (5 Gb) update
Trickery is opt-in by default and making it hard to opt-out.