alt Hacker NewsAny "legally-binding, two-party transaction" between an individual and a large corporate conglomerate is a lost battle (or more precisely, a not-even-fought battle) for the vast majority of individuals.
80% of buyers of anything simply smash "Accept" (and watch through ads/spam) until their device shows the content they wanted to access. (Statistic is made up, but I think it's hard to refute.)
Do you call that "explicit consent"?
I'm talking of a world in which laws are strong and well written enough that people don't need to worry; they can mash that Accept button and not be getting screwed over.
We agree that most peopke aren't equipped to provide informed consent and "buyer beware" won't work. For these the government steps in - car & plane safety for example.