[jbigelow76]

Your analogy doesn't make any sense. There are no implications since the already in place rules of commerce would preclude any ambiguity.

I'll throw you and your analogy a bone though. You walk into a bar, bars are smokey, you don't want to smell like smoke, but you want a cocktail more than you don't want to smell like smoke. You've implied that you're okay with smelling like smoke as long as you get your martini.

[belorn]

The rules of commerce exist outset the net, I fully agree on that. If we applied similar rules on the net, the implied permission will go away in favor of a common set of rules.

And that is what the EU is trying to do for private data. When it is illegal to track users, then users can't silently give permission by visiting the website. The whole question about implied permission goes away when rules of commerce specify what is and isn't allowed.