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Are you trying to say that people have an excuse for not reading ToS's because people tend to not read ToS's??
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I'm saying that just because some of these offensively intrusive methods of spying are vaguely mentioned somewhere in the ToS, it doesn't give a company carte blanche to actively exploit a well-known human weakness. Or to put it another way, just because some people are naive, it doesn't give con artists a valid excuse to defraud them.