The status quo is, as long as clickthroughs don't hurt the consumer then and there, they are valid. Can you imagine if this status quo were upended? Chaos. The end result would be a uniform agreement, kind of like the GDPR, but more expansive, and guess what: the scope of what clickthroughs will permit would be expanded, not constrained.
This thing about judges... if you brought a complaint to court that doesn't show any harm, you'll get the opposite result that you want: judges will expand the legality of clickthroughs. This is what happens, without a doubt.
Privacy advocates have numerous strategic failures. One is failure to show meaningful harm of specifically the data gathering permissions in these clickthroughs, in any legal venue, anywhere. The harms have always been of other issues, like a data breach, and even then, the harms amount to ones of dollars per person, in places where judges have approved data breach settlements. Another failure is of leadership/education: they cannot communicate the very simple idea to the public that there is privacy in the sense of limiting government overreaching versus privacy in the sense of limiting dissemination of embarrassing personal information. There are so many steps in this privacy mission before the judges.
This thing about judges... if you brought a complaint to court that doesn't show any harm, you'll get the opposite result that you want: judges will expand the legality of clickthroughs. This is what happens, without a doubt.
Privacy advocates have numerous strategic failures. One is failure to show meaningful harm of specifically the data gathering permissions in these clickthroughs, in any legal venue, anywhere. The harms have always been of other issues, like a data breach, and even then, the harms amount to ones of dollars per person, in places where judges have approved data breach settlements. Another failure is of leadership/education: they cannot communicate the very simple idea to the public that there is privacy in the sense of limiting government overreaching versus privacy in the sense of limiting dissemination of embarrassing personal information. There are so many steps in this privacy mission before the judges.