When it was drafted in 1999 and introduced in the House, and then through enactment in 2001, I think that at that time we were clicking through websites and we weren't using these devices quite as much. I would venture to say that the pace of life was just a little slower.
I think the biggest thing is what you are studying: is consent the appropriate vehicle? If there's one thing that is worth reviewing in PIPEDA, it's what the value is of somebody actually clicking through consent when they don't know what they're consenting to. Should we be looking at another model of forgoing that step in the process to go more with a “reasonable use and reasonable person” test to evaluate what you should and shouldn't be collecting, or what you're able to collect, and how you're going to use and disclose that data after the fact?