I suppose it could be done. It would go against what most people who appeared before this committee have said, including the Privacy Commissioner of British Columbia. He made some significant remarks about this principle called “technological neutrality”, which to some extent is a principle I subscribe to as well.
I don't necessarily think there is something magical about e-mail that means we need a special law. I think the recommendation I put forward is in the spirit of what you're suggesting. It simply says that in situations where somebody is seeking consent through a standard form agreement for the purposes of things that are excessive and unreasonable, PIPEDA would clearly state that those contracts are unenforceable.