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Thele v. Google LLC: Affirmative Consent in the Age of AI

Thele v. Google LLC puts a spotlight on a core tension of the AI era: when intelligent systems are switched on by default, is consent still real? The lawsuit alleges that Google quietly enabled its Gemini AI across Gmail, Chat, and Meet without obtaining affirmative, informed user consent, allowing the system to analyze the full contents of private communications. At issue is not just disclosure, but design - whether privacy settings buried behind defaults can meaningfully protect users when AI operates continuously in the background. The case challenges long-standing assumptions in privacy law and asks a pivotal question for the digital age: if consent is inferred from silence, does privacy become a fiction rather than a choice?

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