I couldn't agree more with Michael. He's absolutely right that the notion of consent is almost non-existent the way it's been whittled down.
You see, consent is essential to control. Privacy is all about personal control over the uses of your data. If you're not consenting to it in a positive way, with positive, affirmative consent, you don't know what's happening with your data. As for expecting people to search through all the legalese in the terms of service and the privacy policy to find the opt-out clause to say no to additional uses of these data and negative consent, life is too short. No one does that, but it's not because they don't care deeply about privacy.
In the last two years, all of the public opinion poll surveys from Pew Internet research have come in at the 90th percentile for concerns about privacy. I've been in this business for well over 20 years, and that's the first time I've seen such high levels of concern, with 91% very concerned about their privacy and 92% concerned about the loss of control over their data.
Positive consent, strong consent, is essential.