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My experience contradicts the article's claims. I don't remember ever turning this on, and when I first learned about Location History (years ago), it was already populated with a significant amount of my location history data. Maybe I did technically agree to it in some piece of fine print or other text I didn't notice, but I contest the idea that legitimate, unambiguous user consent was obtained in all cases.

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I also started with Location history years ago and I most definitely do remember Android specifically asking if I want it or not, and I remember checking what turning it on meant.

Maybe you don't remember it, but you can look at old version of Android and they all ask very clearly if you want it or not.

I guess maybe you didn't understand what was implied? But it was definitely asked.

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