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What if I said, "I'm going to punch you in the face," and you just smiled because you thought I was fucking around. Does your silence mean you consented to me punching you? Obviously not.
If silence was really acceptance, then criminals on the subway would be saying, "I'm going to take your phone and sell it," to everyone they see. If the silence of the commuters was consent to the criminals' propositions, then that would mean it's not a crime to take someone's phone and sell it if they ignore you when you declare, "I'm going to take your phone and sell it."
