Implicit consent is not transparent and should be illegal in all situations. I can't tell you that unless you opt out, You have agreed to let me rent you apartment.
You can say analogy is not straightforward comparable but the overall idea is the same. If we enter a contract for me to fix your broken windows, I cannot extend it to do anything else in the house I see fit with Implicit consent.
Courts in various jurisdictions have found clickwrap agreements to be generally only valid for what one would expect to be common provisions within such agreements.
Essentially, because they are presented in a form that is so easy to bypass and so very common in our modern online life, provisions that give up too much to the service provider or would be too unusual or unexpected to find in such an agreement are unenforceable.
As a real world counterexample, medical in the USA does this shit all the time.
Local office will do a blood draw, send it to a 3rd party analysis which isn't covered by insurance, then bill you full. And you had NO contractual relationship with the testing company.
Same scam. And its all because our government is completely captured by companies and oligopoly. Our government hasn't represented the people in a long time.
> The interface design has drawn criticism from privacy advocates, as the large black "Accept" button is prominently displayed while the opt-out toggle appears in smaller text beneath. The toggle defaults to "On," meaning users who quickly click "Accept" without reading the details will automatically consent to data training.
It’s not. And also whether you move the toggle to on or off, you still have to click accept which really isn’t clear whether you’re accepting to share your data or not.
> That seems very transparent to me
Implicit consent is not transparent and should be illegal in all situations. I can't tell you that unless you opt out, You have agreed to let me rent you apartment.
You can say analogy is not straightforward comparable but the overall idea is the same. If we enter a contract for me to fix your broken windows, I cannot extend it to do anything else in the house I see fit with Implicit consent.
How is it "implicit" to click "I agree" to a large pop-up that takes up most of the screen?
Courts in various jurisdictions have found clickwrap agreements to be generally only valid for what one would expect to be common provisions within such agreements.
Essentially, because they are presented in a form that is so easy to bypass and so very common in our modern online life, provisions that give up too much to the service provider or would be too unusual or unexpected to find in such an agreement are unenforceable.
As a real world counterexample, medical in the USA does this shit all the time.
Local office will do a blood draw, send it to a 3rd party analysis which isn't covered by insurance, then bill you full. And you had NO contractual relationship with the testing company.
Same scam. And its all because our government is completely captured by companies and oligopoly. Our government hasn't represented the people in a long time.
> That seems very transparent to me.
Grabbing users during start up with the less privacy focused option preselected isn't being "very transparent"
They could have forced the user to make a choice or defaulted to not training on their content but they instead they just can't help themselves.
> seems very transparent
Except not:
> The interface design has drawn criticism from privacy advocates, as the large black "Accept" button is prominently displayed while the opt-out toggle appears in smaller text beneath. The toggle defaults to "On," meaning users who quickly click "Accept" without reading the details will automatically consent to data training.
Definitely happened to me as it was late/lazy.
Opt-in leads to very low adoption and is the moral choice.
Opt-out leads to very high adoption and is the immoral choice.
Guess which one companies adopt when not forced through legislation?
It’s not. And also whether you move the toggle to on or off, you still have to click accept which really isn’t clear whether you’re accepting to share your data or not.
Never mind the complete 180 on privacy.
It should be opt-in, not opt-out.
The fact that there's no law mandating opt-in only for data retention consent (or any anti-consumer "feature") is maddening at times
It should be off be default, with the option to opt in.