So I re-watched that video he posted and after the two-minute mark he does say that it only checks for the payload the very first time you launch the app, which explains why he keeps uninstalling and reinstalling the app.
Wouldn't he have been shocked if while making the video, he found himself logging into somebody else's phone and downloading their address book?
So he narrowed the odds of connection here, but the users of the app still don't know for sure if he did anything so it leaves them in an uneasy state. He probably kept solid logs of all "phone home" connections or kept his "phone home" server down until he was making his video. I still think that maybe one more layer of checks like the devices current DHCP server would have been smart to avoid in inadvertent unsuspecting user from getting their phone logged into.
Being able to prove that the code could not have hacked anybody's phone would go a long long way for some folk's ease of mind.
I'm also curious about the download statistics on this Instastock app? Did it become popular in the time since September?
FYI, on Miller's Twitter account he claims that no device ever received a payload from his "phone home" server but his own.
UPDATE: Also on Miller's Twitter account he claims when he exposed a bug in Android that Google tried to
get him fired from his employer.