alt Hacker NewsIANAL, but I believe the argument is that agreeing to the TOS constitutes consent. Even though no reasonable person would believe such a thing would be in the TOS and no reasonable person reads the full TOS (no person actually could...).
Perhaps we start suing one another for not disclosing the wire tapping, forcing the lawsuit upwards towards LG. It'd be more efficient to sue LG, but lawyers don't seem to be done those things. At least not that I'm aware of
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Various courts have already invalidated clauses of click-through agreements that no reasonable person would expect to find in such an agreement.
Terms of service are not an absolute "I'm rubber you're glue" type shield against all possible accusations of wrongdoing, however much companies would love us to believe they are.
> Even though no reasonable person would believe such a thing would be in the TOS
Even if they did, it's a bad to let clickthrough TOS subvert laws and privacy. This idea that contracts can dismiss all other considerations needs to die.
IANAL, but only the owner can consent through the TOS. The owner does not collect or process the data, so it's entirely on LG to ensure proper consent, not the owner. Breaking a TOS is not a crime, and can only be punished by restricting or disallowing access to a service, but collecting personal data without consent is a huge problem in the EU.