This neoliberal legacy was a windfall for the new surveillance capitalists. As another legal scholar, Frank Pasquale, observed, it produced a model that treated privacy as a competitive good, assuming that "consumers" engage only with services that offer the level of privacy they seek. Regulatory interference, according to this view, would only undermine competitive diversity. It also credits the "notice and consent" model—click-wrap and its "sadistic" relatives—as accurate signals of individual privacy choices.

Shoshana Zuboff, The Age of Surveillance Cap…, loc. 348