We can’t hold people to specific implicit consent because we can’t really state that they understood what they were doing. What we tend to do is hold people account for continuous implicit consent because they can’t say they didn’t understand.
this is how the law works today.
You can demonstrate your consent by benefiting from something. You cannot demonstrate your consent to some specific agreement that you may or may not have understood. This is why board members and all sorts of organiations vote. It’s a claim that ‘I understand’.
This is not true in government and that’s a problem. If liablity were applicable to polticians like it is to boards and officers then we woould ahve 1% of the political problems that we do.