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by Insimwytim 17 days ago
As many have said before:

  it's basically malicious compliance. They're supposed to be super annoying ... Instead of complying, they choose this obnoxious practice so they could continue ... monitoring every action a visitor does.

  You don't need a cookie banner to be allowed to create Cookies. You only need them if you're using them for something like tracking. [1]

  Regulators didn't enforce cookie banners. Cookie banners are a form of malicious compliance. When you complain about them, you are doing the lobbying work of ad companies for free. The correct solution is to just not spy on people, and the problem is that the EU didn't go far enough and just ban the behavior altogether. [2]

  Cookie pops are malicious compliance to regulations that legitimately protect consumers. You’ve cherry picked one bad side effect to throw out all the ways the EU is way ahead of anyone else in protecting consumers [3]

[1] https://news.ycombinator.com/item?id=29529148

[2] https://news.ycombinator.com/item?id=38299135

[3] https://news.ycombinator.com/item?id=46552795

2 comments

The EU Council are some of the worst offenders when it comes to annoying cookie banners. All regulation and compliance do is make things more burdensome for new entrants, which inevitably allows big companies to build moats that don't have competition. The side effect of passing such legislation was easily foreseeable and yet the EU did it anyway. There are legitimate reasons for companies to track and if you felt that the tracking was malicious, then don't do business with the company. The regulation was never needed.
For one, compliance is compliance. For another, "You only need them if you're using them for something like tracking." yeah, sites want to track user behavior and the eu said if you want to do that you gotta have a banner. How is that "malicious"? Seems like the eu got exactly what they wanted?
> and the eu said if you want to do that you gotta have a banner.

No they did absolutely not say that! They said I need informed consent before I collect your personal identifiable information. Nothing prevents me from instead of using a banner, for example having a small widget in the footer or elsewhere on my site if I were to want to collect it (I have no analytics or cookies on my site at all).

> for example having a small widget in the footer or elsewhere on my site

And next thing you know, there'd be people complaining about "dark patterns" where the small widget is designed to be very easy to overlook and (more importantly) someone may inadvertently use the site briefly before noticing that they can turn off tracking. Whoops, you just got tracked.

A modal makes it obvious what's happening on the site and gives you a chance to opt-out before proceeding. There really is no better way to do it that's going keep everyone happy. People just don't want to admit that the only way to properly implement this feature is to annoy people.

I can’t emphasise enough how much you are missing the point of the law! The law requires me to NOT track you unless I get specific, informed, consent.

The fundamental and default part of the law is to NOT track. Tracking by default (opt-out) is illegal. A modal is just a way to annoy you until you consent against your will.

https://gdpr.eu/article-6-how-to-process-personal-data-legal...

> unless I get specific, informed, consent.

Explain how you'd do that without a banner or similarly annoying UX

I don’t know where to begin explaining UX to someone who struggles with the basic concept of consent.
I want to decline a websites ability to track my behavior and/or decline that they pass the data to another company. Most websites allow me to decline it. I prefer to have to opt in which is a minor inconvenience - then not having the option at all. Also the banners we got are deliberately bad and cumbersome so people just click on allow.