essie: Regarding your first paragraph, I won't even bother to rebut it. Making wild claims like that is an easy way to try to win an argument when you have no real support. You can make such claims in any debate, but that doesn't make it true. Just distracts for the actual debate by changing the parameters.
In regard to your second comment, whether it is opt in or opt out, I don't care. As long as people have a choice. But opt out is often the preferred way in such cases, simply because it makes managing the list easier.