Yes, that (all the privacy and security risks) is true with public access, generally. (Why are captive portal networks extra suspicious?) Browsers themselves might behave differently on a 'capport compliant' device in that they would rely on the os detection. But, the browser could (and can today) simply ask the user 'want to connect to this captive portal?' .. let the user decide. It is pretty safe if https and a URL the user is comfortable with.
I agree, these are all issues with public access, generally. As far as defeating detection because they *want* the users background traffic, well.. they sorta have a point: they could be offering access with no portal and the user (or apps) wouldn't be the wiser. One benefit about the ICMP method is that defeating detection isn't possible - iff the Nas complies with rfc and responds appropriately to blocked traffic, with or without rfc7710 support.
Applications that use cleartext protocols in the background on public access networks should stop doing that! The OS should have a 'public access mode' that stops cleartext apps from working (to make app developers learn the hard way)... It is more of a judgement call if the user wants to use secure connections on public access networks, but they did select the SSID, I think their intention to use the network, if they can, is clear.