Consent for spyware?

Do users really give informed consent when they click "I agree" to a 15,000 word EULA with a vague mention of bundled advertising software buried somewhere in the middle?

I received an email today from Wayne Barnes, Associate Professor at Texas Weslayan University School of Law with a link to his article on spyware entitled "Rethinking Spyware Questioning the Propriety of Contractual Consent to Online Surveillance".  It can be  downloaded here.  It's a fascinating read and cites cases where the courts refused to enforce some contracts.  Barnes ultimately gets to the heart of the issue with "contract-based consent to spyware".  The document is long and detailed but well worth the read, IMO.

Also blogged at SunbeltBLOG.