Sure. I would think that sooner or later, the hoteliers in, say, Manhattan would start complaining about people engaging in hotel business without following the hotel rules. There's a financial incentive as well:
So yes, at some point I'd say it is likely that AirBnb's records are going to be used against their customers. Some of AirBnb's customers aren't breaking the law, but some are.
can UberCab happen here, ie. some zealous DA would come down on AirBnB itself and/or subpoena the records of people renting out?