The similie fails since software tracking in programs you run are agreed to by you when you accepted the license agreement.

Yet another reason to prefer free as in freedom software, which can be forked.

I don’t think the simile fails for that reason. “Informed consent” is generally accepted as the standard, and it’s arguable that click-through EULAs are not in any way “informed consent” for the average person.

To bring the original simile full circle, let’s say a person signs a contract with another person, and then that person forces themselves on them. I doubt the presence of a clause in the contract saying “I agree to have sex with X” would absolve them of guilt.

There certainly is a difference in harm between forcing sex and sending unique user IDs, and it’s not unreasonable to make a contract about the latter if one wishes, is it?

This is rather a reason to prefer free software licenses. Culture has yet to catch up to this, but in the long run I hope the collective consciousness learns to distrust and avoid complicated proprietary software licences.