Indeed…unless you decide (with good reason) that actually they’re both opt-in with different default selections…but again it’s semantics.
Also the misinformation about how opt-out will be implemented.
It will be enabled by default, without the user being presented with a choice (at least that was the plan when this vote was called).
The whole argument for opt-out was - If you present the user with a choice you get less users sending data.