An excellent piece by Maciej on the crucial difference between individual privacy and ambient privacy (and what that means for regulation):
Ambient privacy is not a property of people, or of their data, but of the world around us. Just like you can’t drop out of the oil economy by refusing to drive a car, you can’t opt out of the surveillance economy by forswearing technology (and for many people, that choice is not an option). While there may be worthy reasons to take your life off the grid, the infrastructure will go up around you whether you use it or not.
Because our laws frame privacy as an individual right, we don’t have a mechanism for deciding whether we want to live in a surveillance society. Congress has remained silent on the matter, with both parties content to watch Silicon Valley make up its own rules. The large tech companies point to our willing use of their services as proof that people don’t really care about their privacy. But this is like arguing that inmates are happy to be in jail because they use the prison library. Confronted with the reality of a monitored world, people make the rational decision to make the best of it.
That is not consent.
For more detail, I highly recommend reading his testimony to the senate hearing on Privacy Rights and Data Collection in a Digital Economy.