I have not seen any published reports or articles from reputable sources saying that there is any evidence of DJI spying on Americans by sending our data back to China.
If you carefully check the airspace with the FAA and follow the rules for either recreational or commercial operation, which ever applies to you. Then, you are legal to fly. With the caveat that the current regime does not actually care about...
Plus, any future firmware updates to the bird could possibly render the after market batteries useless. I know first hand about that with my Mavic 3 Classic