I don't follow this reasoning Because most people won't make use of their ability to opt out and will thus get the exact same thing as they were already gettin

I don't follow this reasoning Because most people won't make use of their ability to opt out and will thus get the exact same thing as they were already getting, that's "worse"? Somehow this nebulous "gray area" concept of not explicitly consenting (so, no actual difference) is better than the actual ability to opt out?