I think what the OP on this comment was trying to say was that no judge will ever throw out a case because of fair use. You can use it, but you may get sued. And the ones suing you have deeper pockets than you.
I don't mean just telling these companies that they have to be "opt in", because people usually need access to what they have, and everyone will be doing it. So unless you become Amish, you're going to have to opt in.
No, I think it's time we pass some laws that say "No, you can't just record everything someone does 24/7 unless you provide regular details to that person on what was recorded, and with whom you shared that info."