...I suspect it'd hold up in court -we know nobody reads those things, but they're still legal agreements. If somebody asks you to sign an informed-consent document, and you don't read it but sign it anyway, you've still given informed consent.
Yes, it will hold up in court because its the NSA, CIA and FBI's playground...
And Cram, I constantly work with informed consent paperwork... for every single thing you want to take video or audio or whatever, you have to specifically craft the IC format for it to explicitly say what it is for... you want to make a documentary? ICF... you want to release a paper? another ICF... you also want to release sound bits? yet another ICF.
So no, its just being uninformed to say that a TOS is informed consent.