Okok what I meant was, too many companies would've hid this in a ToS update, and these guys actively market the change, and the worst crime we can accuse them of is using the wrong word for "enable". I agree that's not perfect, but I can totally imagine that if you use "opt-in" and "opt-out" a bit too much at work, esp as an analytics company deep in cookie law land, that "opted-in be default" sounds like a perfectly normal thing to say, ie I bet this is all not malice, just mild incompetence.
