> 1) Would that fine print be binding?

For government, because it's in law or regulations (ministerial decisions in Europe). For large companies "You agreed to it" (you know, like you agreed to allow Verizon to sell your location data to Palantir)

The other 2 questions I don't understand. My point is that the EU AI directive makes this possible. Makes it possible in ONE direction, while prohibiting the other. AI can be used by government and large companies to spam you and deal with you, and can't be used by you without being 100% up front about that to them (ie. enabling refusal)