Earlier quoted context omitted.
That's really not how I think, nor does it really reflect reality, IMHO. They are on my property, it's all rendered and running in my browser on my device. All that's happened is I've requested some data from the server and they've given it to me, from then on how I display it and what gets run is entirely up to me. If we want to attach terms and conditions to it (i.e. to use this site you must accept analytics/track…
Look, let's try an analogy. I run a shop, you want to come into my shop, you want to physically bring yourself into my shop, with your personal items, including your wallet and let's say a bag to help you purchasing items, or perhaps just to browse. I'm going to keep an eye on you as I see fit whilst you are in my shop. Surely you can see that as fair? You are an agent entering my property. This is what your computer…
Unless something about my behavior stands out to you I can make a reasonable assumption that 1) you are not going to watch me the entire time and 2) the only record you are going to keep of my visit is the transaction receipt, and perhaps a note that one more person came into your shop today. Every web server platform I am familiar with already logs access requests, which I don't think anyone is arguing against and you are free to monitor and analyze as you wish.
If you must monitor individual visitor's behavior it seems most stores have already worked that one out too, for example membership programs. A new analogy may read
> I'm going to give you the option of signing up for a membership program. If you sign up I will offer you services tailored to your habits whilst you are in my shop.
Even if you require membership for your services the terms of the relationship (e.g. you will be tracked) are, usually, available prior to the socially-questionable activity (e.g. tracking).
But for your analytic package the analogy would be more like
> I'm going to install live cameras throughout the shop to record you whilst you are in my shop. I'm going to review the recordings, or send them to a third party, so I may identify you and analyze your behavior at my own discretion.
Even if a shop has a camera the only social contract I am aware of is that the tape may be reviewed in the event of criminal or suspicious behavior.