What do you think most users click? The quickest and easiest option ("agree"/ "that's fine”) to get on with their day. That then makes consent explicit which is worse than the previous gray area

I don't follow this reasoning

Because most people won't make use of their ability to opt out and will thus get the exact same thing as they were already getting, that's "worse"?

Somehow this nebulous "gray area" concept of not explicitly consenting (so, no actual difference) is better than the actual ability to opt out?

I don't think you're trying to understand at all