No, I haven't said that. I'm simply saying that the spam itself allows for implied and express consent. The modification of your computer program requires express consent the way it's written now. It does it kind of program by program; I imagine there are easily ways in your contract, whether that's electronic or paper, with your security software provider. One could provide that express consent for “yes, I want the automatic updates”, and so on.
So I would not see that as problematic. I think what we're trying to make sure of is the wording we have for the combination of you agreeing to every explicit program and express consent--that we have it worded correctly.