First, I'm confused about how this is considered a default setting. Anytime I've installed a version of Windows that has automatic updates it asks me during the install what my update preferences are. Just because a select menu has something as the default doesn't mean that I'm not consenting when I review that select menu and hit "Next" in the installer.
Secondly, this is a commercial product that I am choosing to install. By necessity it has a lot of configuration options that are set to various different values. Is it not implied consent that when I install an operating system that I am agreeing/consenting to all of the different default settings?
Your Win7 screenshot shows just a nice green shield next to the preselected default setting, and a scary red "X" next to the one that would prevent Win10 from being downloaded. The 3rd option also says that you will be vulnerable if you select it.
Finally, nothing on those screens says anything about automatically downloading a different OS. There's zero consent to that.
It's not a different OS it is an upgrade, and the scary red "X" is valid and not a scare tactic. I deal with people on a regular basis that are still running XP, which leaves them vulnerable to attack and infection.
In the always connected world that we live in, automatic updates are a very necessary fact of life.
Finally, nothing on those screens says anything about automatically downloading a different OS. There's zero consent to that.