Re: This stinks
<iIt's being done secretly</i>
Unlikely, it's being done openly, and people click on "I agree" to requirements to accept cookies and confirm T&C acceptance. The T&C of any self respecting website will have been drawn up to be (like a software licence) to be as all encompassing as possible for the company, and as disempowering as possible for the customer. How often do people have the time, willingness to read, or ability to understand the T&Cs?
I'm sure these crummy "agreements" are legally enforceable, but you and I won't be initiating proceding against adservers, malvertisers and other bottom feeding corporations any time soon. The ICO can't even stop simple UK specific abuses like spam texts for PPI, or nuisance phone calls, so what's the chance of them forcing big US corporations to right short, clear, fair policies in plain English?
Sadly the congesceni use a range of ad, cookie and script blockers in an endless arms race, but to assume that (in a legal sense) consent has not been granted is a bit naieve, surely?