Following a major security breach that saw millions of users’ genetic information compromised, 23andMe has updated its terms of service to make it harder to sue. Users have been receiving emails forcing them to opt out of new arbitration rules:
Please notify us within 30 days of receiving this email if you do not agree to the terms, in which case you will remain subject to the current Terms of Service. If you do not notify us within 30 days, you will be deemed to have agreed to the new terms.
Then they are still subject to the terms they actively agreed to… It’s not like there’s no agreement if you don’t get a reply… There was an agreement before you asked for new terms, there’s an agreement still.
True, but somehow you need a way to know who accept the new terms and who don’t. And you need to know the point in time from which you can start to enforce the new terms. As @bob_lemon said, it could be that the default is a “no” but you need to give a time limit.
Where I live the concept of “silent consent” is used in many other occasions and does not seems to be a problem.
