Date

As of April 24 you'll be feeding the Octocat unless you opt out

Current scope

The code locker’s revised policy applies to Copilot Free, Pro, and Pro+ customers, as of April 24. Copilot Business and Copilot Enterprise users are exempt thanks to the terms of their contracts. Students and teachers who access Copilot will also be spared.

To opt out (link edited by me to make it clickable)

Those affected have the option to opt out in accordance with "established industry practices" – meaning according to US norms as opposed to European norms where opt-in is commonly required. To opt out, GitHub users should visit github.com/settings/copilot/features and disable "Allow GitHub to use my data for AI model training" under the Privacy heading.