The whole "implied consent" opens an addition can of worms, with "informed consent." I know this is an issue typically discussed around medical communities, but it can also apply here. I have yet to see a posted notice while approaching a checkpoint that says "we may grope and grab you at random without any warning or explanation." To the FF and non-FF alike, they may be giving implied consent for NoS, luggage screening, or even opting out for the massage (patdown), but any time a TSO has molested me I have given explicit consent (saying "opt-out") and been informed prior (sensative areas with back of my hand).

One simply does not have the ability to consent to something they are unaware of, implied or explicit.