No one read that ... we (the tech industry) need to move past the idea that presenting information in a privacy policy or eula is enough. To depend on that is a breech of ethics in my opinion, because no matter how much we'd like for it to be enough, Users Do Not Read Them.

It is not informed consent even if they "scroll to the bottom and click accept". Our industry has conditioned users to click yes/accept on any and all popups that block their path to doing whatever it is they're doing (using the app, playing the game, installing a program, etc).