Kill The Cookie Banner
Posted by rapnie 1 day ago
Comments
Comment by chrismorgan 1 day ago
But of course it’s impossible to convince someone of something when their livelihood depends on their not understanding it.
Comment by kleiba2 1 day ago
This is a jaw-drop moment for me every single time I observe someone else using the web and quickly clicking "accept" on every single cookie banners that pops up, without ever wasting a second even reading what they're accepting. It's mind boggling to me. Sure, I'm in IT, so surely I'm more aware of data mining, profiling, and other privacy-related aspects. But in many cases, you could just click "reject" and the banner would also disappear...
To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning.
Comment by readread 1 day ago
Some variant on "reject" takes more effort like 70% of the time. Which is on purpose, of course. The ones that aren't maliciously-complying have a "necessary only" button that insta-closes it, but tons pretend that you might want to allow some spying but not all of it and make you go through another screen if you don't just "accept all".
> To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning.
Then it'd be possible to default it to "nope" (Firefox, and perhaps Safari, might do this) or to allow a "never, anywhere" setting the first time the question is asked, and malware and spyware vendors know that'd mean a much larger proportion of denials.
Comment by jackson1442 1 day ago
Comment by remus 1 day ago
Comment by smallmancontrov 1 day ago
Comment by whstl 1 day ago
Naturally in a camera meeting with a "don't tell anyone we said that" appended right before.
The marketing people in the meeting were very angry that California was "doing it to them".
Comment by Aerroon 20 hours ago
There is nothing stopping a website from using cookies regardless of the banner. If they are outside EU jurisdiction then there won't be any consequences either.
The legislators were and are dumb. They have wasted an enormous amount of collective time for no benefit. Big corporations continued doing what they were doing and nefarious third parties could still track you.
Comment by smallmancontrov 20 hours ago
They did. The laws were airtight in this regard. They simply lost -- whether through a last minute "tweak" or undermined enforcement mechanism I do not know, but I do know that the current state of affairs was fully anticipated and headed off at the point where I reviewed the proposal. Your vitriol is bass ackwards -- the lesson is to strengthen the walls between corporations and the legislative process and support enforcement mechanisms, because those were the places where the process failed. Not the intelligence of legislators. Otherwise you will keep losing to the corporations, and you will deserve to.
Comment by unscaled 15 hours ago
GDPR article 7 and its various recital already include that. GDPR wisely doesn't get into technical details like "cookie banners" anywhere, but various national agencies did set guidance and it's usually quite explicit: Rejection must be as simple as acceptance and reject buttons or link must be as prominent as the accept buttons and links.
For example, CNIL, the French data privacy authority, clearly says[1]:
"The CNIL has received complaints about dark patterns on cookie consent banners encouraging data subjects to accept cookies.
As a reminder, with certain exceptions, cookies can only be used with the consent of data subjects. Moreover, rejecting cookies should be just as easy as accepting them."
And gives examples of dark patterns such as different button sizes, multiple accept buttons, hidden reject buttons, etc.
The law and specific guidance is pretty unambiguous. This purely an enforcement problem. The regulatory bodies do not have the resources to go and chase most individual companies, and the non-profit NGOs that go after the violators apparently don't have the budget to make enough impact and scare companies into compliance.
[1] https://www.cnil.fr/en/dark-patterns-cookie-banners-cnil-iss...
Comment by tikhonj 1 day ago
But of course, designing the system that pushes people to make this sort of decision was absolutely intentional.
So even when it's incompetence, it's still malicious, just in a way that obscures the explicit decision-making that led to the result.
Comment by bshacklett 22 hours ago
Comment by jeremyjh 19 hours ago
Comment by novafunc 21 hours ago
I think it's absolutely fair and unlikely to be illegal to use a cookie to remember cookie preferences. Unless the cookie value was not yes/no, but something like a precise timestamp that could be used for uniquely identifying.
Comment by flotzam 8 hours ago
Comment by tremon 21 hours ago
Comment by Gigachad 20 hours ago
Comment by PunchyHamster 1 day ago
Comment by inigyou 9 hours ago
Comment by xp84 1 day ago
Clicking those "REJECT!" buttons might make you feel empowered, but it's pointless. Just set your browser to delete all the cookies at the end of the session except for whatever sites you want to allow to 'remember' you.
The whole thing has always been a problem to be properly solved by the browser, and it's probably just the fact that Google makes the only browser that matters, that it's been foisted upon every website owner, who mostly just wants basic analytics and to track conversions from the ads they run, and isn't "selling your data."
The browser is your user agent. If it's sending any information up to web servers on every request that isn't okay with you, why are you using it?
Comment by inigyou 9 hours ago
Comment by zugi 1 day ago
Exactly. I use the "I don't care about cookies" extension, which rejects most cookies automatically without me having to see the popups. But even accepting cookies is fine - I'll be closing my browser soon anyway and they'll be gone.
Comment by unscaled 16 hours ago
Comment by badestrand 9 hours ago
Comment by cowboylowrez 7 hours ago
Comment by tremon 21 hours ago
Sure, your browser cookie will be gone. But you have already allowed the server-side identifiers of your session to be used for whatever purpose, including reconstituting increasingly larger parts of your identity over multiple disconnected sessions. Please don't make the mistake of thinking that clearing your cookies afterwards is the same as rejecting all server-side processing.
Comment by gnatolf 21 hours ago
Comment by donaltroddyn 23 hours ago
My company scanned 209 European regulated sites in June, and roughly 7 in 10 had tracking that wasn't correctly gated by consent. It's rarely indifference, though. DPOs in the EU hold too much weight for that. It's usually a tag added that was never wired into the CMP or something added by a dev or LLM without going through proper review
Full disclosure: I run https://consentmark.com, which measures what tags actually fire under each consent state to create evidence packs companies can show regulators
Comment by TeMPOraL 9 hours ago
> something added by a dev or LLM without going through proper review
FWIW, this was a problem long before LLMs were a thing, and it didn't get worse with LLMs. If anything, I'd expect LLMs to get it right by default, because ones ~everyone is using are all trained straight, they won't just silently read between the lines and write code/configs to facilitate one's illegal business model.
Comment by donaltroddyn 3 hours ago
That honestly doesn't fit our data or my experience. In our scanning, about 60% of the misconfigured sites had a CMP with blocking active but one or two tags bypassing consent controls
Generally those misconfigurations aren't valuable to the business. We don't see for example lots of ad targeting and conversion tracking firing without consent on an otherwise compliant site.
What we do see is things like sites with CMPs generally working, but one or two analytics events tags firing because consent wasn't properly added to a trigger, or embedded Youtube cookies set without consent, or unexpected data from a URL or query param being accidentally ingested by tracking, or devs adding performance monitoring or observability tools to applications without realising the compliance implications
There's not much business logic in paying for a CMP, blocking your own ad stack, but then letting three analytics events pass through
> FWIW, this was a problem long before LLMs were a thing, and it didn't get worse with LLMs.
This isn't supported by our experience. In the last 18 months, we've seen a big increase in ungated tracking that we catch in CI (albeit with overall much higher velocity in general). LLMs will happily add non-compliant tracking to sites, often following defaults that might be acceptable in the US but not EU. If you push back, they'll also happily implement compliant tracking, but it's definitely not the natural default you can rely on
But your comment left me curious, so I just ran an experiment via Codex -p (gpt-5.6-sol) and Opus 5 via Bedrock
Codex returned the vendor quickstart on 5 of 5 neutral prompts. It gated properly when told the company is Irish, with full Consent Mode v2 defaults denied, GA4 only mounting after consent, with a reject button
So models can produce compliant/non-compliant code based on the context you give them, which reflects what we've seen in industry
Our business is giving devs and increasingly LLMs efficient tests to check the tracking they add is as expected for the EU and then providing signed evidence packs that prove that behaviour at a given time
Comment by xp84 1 hour ago
Comment by ablob 1 day ago
It is known that warnings and pop-ups that show up almost all the time yield diminishing returns. I think it was named "normalization of deviation" by some folks in a blog a while ago, and I believe that name fits. If you get warned about missing https all the time, or that something might be dangerous (even though it does precisely what you want it to do), it will loose its effect by the time you actually need it.
You can argue this is malicious compliance, but if you want it to go away it would probably be easier to go for banning tracking and personalized ads altogether. Eliminate the reason for this behavior, so to speak.
Comment by fnord123 1 day ago
There is one. It's a DNT header. Knucklehead websites ignore it.
Comment by sumeno 1 day ago
Comment by yjftsjthsd-h 22 hours ago
Comment by sumeno 21 hours ago
Comment by yjftsjthsd-h 20 hours ago
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Comment by xp84 23 hours ago
Like it or not, the Web is a two-way street, meaning that the server end of the transaction doesn't owe the client end anything in particular unless there's some relationship in place (like a payment). It appears the "just ignore it" matches the intent of most web users, though, since an overwhelming majority of web visitors accept a bunch of spammy ads + free 'content,' and a slim minority pay for ad-free alternatives.
Comment by windward 23 hours ago
So do car alarms.
I'm not convinced this is a business model I want to exist. We had an internet before it, and Google, and Facebook. I'm increasingly sad we can't return to it.
Comment by xp84 20 hours ago
And I'd gladly trade today's BS for any version of "The Internet" pre-2007.
But the "Before" Internet wasn't some natural sustainable state.
Before 1997 or so, "the Internet" was being paid for by academic institutions and big companies, and wasn't really all that commercial at all. It was also pretty tiny and blessedly simple. Honestly this version is the most achievable (re-creatable?) today since we can set up indie websites much easier today than we could then. Instead of using your free webspace from your university or employer, 20 of us could share a $5 a month instance, and link to each other's webpages, and add an IRC server to that instance just for fun.
In the 1998-2007 era, the Internet got a lot bigger, but was also still pretty fun and not that enshittified, but that's just because it was being paid for by VC money being burned.
Today we are where we are in terms of business model[1] because Google and Facebook achieved great success with ad-based business models because of the ability to target ads better, and because consumers of The Internet have spoken, loudly, with their closed wallets. They've said "We will only pay for content if it's All The Music and ~$10 a month flat rate, or if it's a big/interesting enough video on-demand service and under $20 a month. We'll never pay for news or text content of any kind." So, the businesses with other types of content do what the public wants them to do: have cost-free content whose access is conditional on being advertised to very annoyingly, or they marginalize themselves with paywalls, subscribed to by only a small minority of users.
[1] i'm setting aside the non-business aspects of our mess, namely the poison that social media, 'engagement' optimization, and ragebait-as-news has wrought on society.
Comment by ben_w 11 hours ago
There's an old saying in advertising, "Half the money I spend on advertising is wasted, and the trouble is I don’t know which half." - https://quoteinvestigator.com/2022/04/11/advertising/
The supposed benefit of the current model is to find and eliminate that wasted half.
Facebook has shown me ads for dick pills and boob surgery, ads I can't read because I don't know the Cyrillic alphabet, and ads for services that only apply to citizens of nations I've never been a citizen of who moved to a country I had in fact moved out of.
The reports I hear from people who buy ad slots are mostly unimpressed with the results; the word on the grapevine is that the "success" cases are not even average customers, but those who are vulnerable to getting scammed.
Comment by xp84 1 hour ago
I suspect hackers are far tougher to target - it's kind of a special case.
Comment by inigyou 9 hours ago
Comment by xp84 1 hour ago
The ads that perform online are the direct response type.
Comment by dullcrisp 12 hours ago
Now, if you want to read an article you have to pay $20/month to that news organization in perpetuity. I don’t see how that can be expected to work.
Comment by LtWorf 12 hours ago
Or, I liked one single page of an amputee woman (I am myself) and now all I see are amputee women.
They just buy all the competitors, but they aren't good at all.
Comment by fnord123 23 hours ago
The law that caused the cookie banners also says companies cannot block access to the site if the cookies are not required for the functioning of the site.
Some German news sites have broken this and have "accept or pay" and I think this leaked to news sites in other countries. Facebook even tried it.
So, sure, if DNT is true, try to make people pay. Fine by me.
Comment by rob74 13 hours ago
- even if you accept the tracking, you might still not be able to read the article, because while the site may be free in principle if you accept ads, that specific article is not.
- and the most annoying thing is that such paywalled articles show up on Google News. Not sure if they're tricking Google into showing them (by showing the full article to search crawlers, but the paywall to actual users), or if this is some understanding between Google and EU news providers, but it's annoying...
Comment by xp84 1 hour ago
I hate all these patterns too, but interestingly it feels like I hate it more because the whole Internet has been designed around the "free to read with ads" paradigm -- we've been taught that if you can see something, get the URL and share it, so that others can reference the thing you're trying to either comment on or raise awareness about.
With paper newspapers or magazines it wasn't ever a problem, because if I subscribed to the Dallas Morning News, I automatically got all their articles, and even stories that weren't local to Dallas were covered by them too. I didn't need a subscription to the San Francisco Chronicle and didn't miss it.
Today, if someone is reading an article in the Chronicle, or even the Verge, it's a huge problem for them to share it with someone else even if the other person actually pays for subscriptions to say, NY Times and Bloomberg. Even if all four of those publications each have articles just summarizing the same 5 bullet points.
I'd blame the "news" industry as a whole for not implementing some kinds of reciprocal agreements. Even giant news conglomerates like Media News Group[1] who publish dozens of major US papers don't give you a simple subscription that at least covers all their own properties. I'd argue that they should try harder to stand up some shared subscription services with heavy reciprocal benefits and revenue sharing, so that most people would be able to read most paywalled articles with one monthly subscription. That industry has no one to blame but themselves for not figuring this one out.
Comment by TeMPOraL 9 hours ago
Good. No one is entitled to a business model working in perpetuity. Doubly so when it's ethically dubious.
The very thing entrepreneurs are glorified for - their ability to invent and execute on new business models. They'll manage, don't worry about them. Hopefully they'll settle on more honest models this time.
Comment by ryukafalz 1 day ago
Oftentimes the reject flow is substantially more annoying than the accept flow. I click reject myself when it's an option, but I can absolutely understand how people might get conditioned to click accept when clicking reject might result in more popups.
Comment by thom 1 day ago
Comment by xp84 23 hours ago
If you made a website and you said "To view the private content on my website, you have to either pay me, or sign a name, any name you wish, in my guestbook" what business is it of the government to say "No, this random person refuses to pay or sign the book, but Thom, you have to let them see all your articles anyway."
Note that I used "sign any name" as the metaphor, not "show ID," since it is trivial to not allow any important information exchange if you simply delete the cookies yourself, which is easy to configure a browser to do. The end-user has the choice, if it's so important to them, to configure their browser. Even Chrome can be configured for which sites to allow cookies, which to disallow, and which to clear when the browser closes (the smart choice, since accepting them and throwing them away soon after is the undetectable option that accomplishes your main aim).
Comment by thom 22 hours ago
Comment by ApolloFortyNine 19 hours ago
You simply will have to go out of business.
This is also why you see many large companies fighting for more regulation. It's harder for a competitor to emerge if they have to navigate mountains of red tape.
Comment by kalleboo 18 hours ago
I simply will have to go out of business.
Comment by ApolloFortyNine 17 hours ago
Comment by kalleboo 17 hours ago
Comment by xp84 3 hours ago
This is the part I don't understand. I'm actually all for regulations like being able to demand they delete the saved data they have on you, restrictions on transferring data to the control of third parties without disclosure/permission, etc.
But if your definition of "privacy" extends to not wanting cookies to work like they were designed to, why can't it be your responsibility to use a browser (a User-Agent) that carries out your intentions?
With services that are mandatory for all of us to use (e.g. government), I can see how being stringent makes sense because the users have no choice. But I can't understand applying the same burdensome requirements to things that people can simply choose to use or not use, such as a restaurant or some random guy's blog. I could be convinced that large platforms (tough to define properly, but things like Amazon, Uber or Meta) may be subjected to additional rules, but the tough rules being applied to even tiny one-person startups does nothing but advantage the giant platforms who have hundreds of lawyers and can devote entire dev teams to building complicated compliance features.
Comment by xp84 20 hours ago
Sorry that you need the government to "help" people in this way, by forcing other people to give them free things.
Comment by kalleboo 17 hours ago
Comment by xp84 4 hours ago
Simple, easy tools are already there, such as the Clear Browsing Data menu item in Chrome, Edge, and Safari. For more complicated intents, the browser settings are no more complicated to navigate than the actual customization UI in the CMPs, anyway.
Comment by kalleboo 4 hours ago
Clearing browser data is anything but easy for people who aren't certain what is "browser data". Is this going to delete all my google sheets? Those are in the browser. And it's not a bad question, some apps actually use IndexedDB or whatever to store user data.
Comment by xp84 2 hours ago
> Drivers are forced to take lessons and get licensed for the precise reason that we know people can't take the responsibility on their own.
Ok, I see what you mean here, but I'd argue that the licensing requirement is only acceptable because the risk is both grave and impossible to limit to just yourself.
We don't require a license or training to use a table saw at home even though table saws are also dangerous unless used very wisely. That's because the risk is mainly limited to the user and at worst, someone who chooses to be nearby that table saw.
To bring it back to my point, I'm not discussing the licensing part, I'm saying rather that we don't make excuses for people who refuse to learn the rules of the road, or how to safely use a table saw, and we don't say that it's the job of wood manufacturers to somehow secure the table saws of ignorant DIYers. The responsibility is on the user of the car, the table saw, or the browser. If the user chooses to never learn the basic operation of their tool, they might get hurt. And if we do have to regulate something, we should regulate the saw, and give it clearly-labeled safety features. Not regulate all pieces of wood.
And in my opinion, the 'danger' from cookies is so trivial compared to any real dangers (mainly the danger of seeing ads that are "too good"), that I am not convinced anyone needs to be protected from it by a third party.
Comment by xp84 2 hours ago
Not any notable apps used by noobs though. Unsophisticated users don't include Local Storage in their mental model - they simply believe that "When I log into Gmail, Google Docs, or Slack on a fresh computer, my stuff will be as I left it on my other computer." Webapps which subvert this by not persisting things outside of Local Storage would be taking wild and unnecessary data-loss risks with user data.
> people who aren't certain what is "browser data".
This I agree with you on. Everyone including EU legislators are trying to regulate something that none of them actually know or agree on what it even is.
The common person has basically only one single concern that relates to cookies: They don't like retargeting ads. That's it, that's the whole beef. They feel offended that by some mysterious (to them) means, they see ads 'around the Web' for things they've browsed before. Of course, those ads exist because they're incredibly effective. But they are annoyed that it, in their opinion, manipulates them into spending money. These ads are "too good."
This is a technical problem with a technical solution, and if the EU (and US) regulators weren't technically illiterate they would recognize this and issue clear requirements aimed at browsers[1] instead of the stupid ones we have today which are basically just rely on the honor system, meaning compliance will be patchy at best, and it relies on costly enforcement actions and complaints, is subject to litigation, and has so many gray areas - "If the CMP didn't work right and cookies were stored, is MY company liable? We tried!").
There is a second concern, but it has little to do with cookies, it's just that we ideally want to stop companies from keeping and exchanging dossiers on our behavior and preferences (and a dispute on whether anonymized data is ok, or whether it's unethical because if detailed enough it can be deanonymized). That is bigger than cookies, and applies just as much to offline companies.
[1] Here's an imaginary scheme, just for example:
1. Segment cookies storage by the domain in the address bar - the same way the memory/disk cache works today. This is really functionally the same as turning off third-party cookies, but if anything "needs" them, this sandboxing would nerf it so that a Facebook Like Button on a webpage can't be aware of a facebook session you created on a different domain.
2. Big switch in the browser's UI that defaults to "Temporary" - if you leave it alone, all cookies and storage are evicted 2 hours after last tab is closed, or you switch it to "Permanent" (preference stored per top domain) to have the current behavior where expiry can be longer.
Regardless of the specifics, a browser-side solution would solve the problems of "compliance" as it pertains to cookies and other client-side tracking (they can't abuse data the browser simply won't persist for them), and level the playing field between the tech giants and upstart competitors.
Comment by ben_w 11 hours ago
More: "To view the private content on my website, you have to either pay me, or let more businesses connect the dots between this content and the rest of your internet browsing habits, than there were students and teachers combined in your high school."
Yes, it is technically possible to fake this content, or to auto-delete it.
But https://xkcd.com/2501/ applies. "It's easy to forget that the average person probably only knows the privacy settings for Safari and one or two Chromium derivatives."
(Real world user familiarity with software is much, much worse; this is an old survey now, but look at the chart near the bottom: https://www.nngroup.com/articles/computer-skill-levels/)
Comment by xp84 1 hour ago
But still, let's say I agree that there's even an important problem to be solved.
We can (A) regulate the browser to dumb this down for these ignorant people, and have the problem guaranteed solved, or (B) we can burden every single company that operates a website, and rely on enforcement since otherwise it's all honor-system.
The EU and so far multiple US states, have chosen the stupid option B.
Comment by ben_w 1 hour ago
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Comment by dredmorbius 1 day ago
However the UK does have its own GDPR regulation (see: <https://www.gov.uk/data-protection>), though my understanding is that it may be less strict in requiring equivalence between "accept" and "reject" actions. (I may be wrong on this.)
UK sites accessed from the EU would have to be under EU GDPR compliance.
Comment by nickff 1 day ago
What harm are you worried about?
Comment by layer8 1 day ago
Comment by inigyou 9 hours ago
Comment by fsflover 1 day ago
Lack of privacy harms journalism and activism, making the government too powerful and not accountable. If only activists and journalists will try to have the privacy, it will be much easier to target them. Everyone should have privacy to protect them. It’s sort of like freedom of speech is necessary not just for journalists, but for everyone, even if you have nothing to say.
Comment by tqi 20 hours ago
Comment by whstl 1 day ago
These banners handle both ePrivacy consent for cookies etc, but also GDPR Art. 6(1)(a) for processing purposes (personalised ads, measurement, audience insights, precise geolocation, even device fingerprinting).
Comment by montroser 1 day ago
They will fingerprint you with or without cookies. They may or not try to honor your preferences, but their "partners" will not try, and by the time you see that banner, it's all out there.
"Accept" is the close button.
Comment by WheatMillington 1 day ago
Comment by speleding 10 hours ago
So I'm not onboard with the "just block everything by default" crowd. If you frame the question as "Would you like ads to be more relevant to you" instead of "Do you want to allow tracking" you probably get a very different answer from users.
I would like the cookie banner to be changed to a browser setting, but I also would like the option to allow some sites to show relevant ads to me.
Comment by hobo123 1 day ago
This is exactly what browsers did back the 90s, they asked about every single cookie.
Then browsers got configurable options to simply accept either all cookies, no cookies, or only first party cookies (excluding third party sites unrelated to the domain you visited).
For now well over 20 years I have disabled 3rd party cookies in all browsers I use, and only in a few cases overall did I need to make exemptions.
Comment by Gigachad 20 hours ago
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Comment by unclebucknasty 1 day ago
There's a mismatch between the velocity at which people visit sites and the time it takes to navigate the cookie particulars of each site.
And, we can dismiss this as people being uninformed or lazy but the reality it is that's actually not so unreasonable. Cookies are in some ways near the bottom of the list where privacy is concerned, given everything else from breaches to search dossiers to device finger-printing to mobile device location-tracking to the ubiquity of cameras in the real world, and on and on.
The idea that we're clawing back privacy in any meaningful sense by blocking a few cookies here and there is kind of quaint.
Comment by zelphirkalt 22 hours ago
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Comment by goodrubyist 1 day ago
People do not have a right (morally speaking, not legally) to access or use a service (or a website) etc without having to read/agree to the terms (applies to analog and digital).
Comment by Maxion 1 day ago
We really need to stop companies from putting up these insanely complicated legal texts to use basic services when they could all be behind standard contracts.
Comment by goodrubyist 21 hours ago
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
https://www.apple.com/legal/sla/docs/macOSTahoe.pdf
The same point applies to most of the text. But yes, some text is specific to the service. E.g. the same doc above says in bold:
"By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac."
I'd say that's something worth knowing if you use that OS.
Comment by swat535 1 day ago
If your terms require people to get a law degree and take a week to parse the 400 page document, then I would argue that it's a tactic to get people to sign up for the service without fully understanding it.
We need legislation that forces companies to communicate the terms in a way that an average person can comprehend.
Comment by goodrubyist 21 hours ago
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Comment by basch 1 day ago
any sort of elevation prompt, IF I allow them to be popups or an icon in a toolbar, should always be in the same place and not cover the page.
Comment by MassiveQuasar 1 day ago
Comment by quantumwannabe 23 hours ago
Comment by IanCal 1 day ago
The default is “no”. Without explicit consent you can’t do a lot of things.
You can’t have a default yes, because how can you agree with consent but automatically to everything?
And if it’s a no, are you saying you can’t ask a user for permission to use their data for a specific purpose?
And if you can ask, that’s what we have right now.
Comment by Voultapher 9 hours ago
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Comment by buzer 6 hours ago
Other processing (like after value is read) can happen under GDPR if the data is personal data.
Comment by inigyou 4 hours ago
Note that you don't comply with EU directives anyway - you comply with actual laws of actual countries, and the EU process helps them to mostly agree with each other. Did countries replace their ePD-based laws with GDPR-based laws? My understanding is they did.
Comment by buzer 41 minutes ago
ePD is still active and national laws implement it. GDPR itself is not implemented by national laws as it's EU regulation rather than EU directive. Member States primarily repealed their DPD-based laws after GDPR and implemented various things that GDPR allows (like Article 23 restrictions). Some countries may have explicitly imported GDPR into their own law due to how their own legalization works. Like that's why UK DPA was originally pretty much just copy of GDPR.
Comment by nickff 1 day ago
Comment by preg_match 1 day ago
How often do you get prompted for, say, secure DNS or HTTP? Almost never, because your browser has sane defaults and controls that. So, there you go.
Comment by tsukikage 11 hours ago
I mean, it's even the literal truth: they value your privacy in the sense of having their software do a little internal auction to put a price on it.
Comment by ablob 1 day ago
P.S.: No true Scotsman spotted
Comment by yjftsjthsd-h 22 hours ago
What browsers would those be?
Comment by ClumsyPilot 1 day ago
If people really cared, they’d chose reputable suppliers that sell non toxic food. If they are eating food with lead, they don’t care.
Don’t force your wordview on people through regulation
Comment by whstl 1 day ago
As opposed to enforcing your worldview with a lack of regulation?
Because that's precisely what's happening, with the advertisement industry enforcing their worldview through lack of compliance.
Comment by ClumsyPilot 9 hours ago
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Comment by dotancohen 1 day ago
Comment by buzer 21 hours ago
You could, for example, require that user answers very specific questions regarding 10 randomly selected partners and how exactly they can use the data ("is partner x allowed to build very detailed profile of you and target you with political adverts that are designed to manipulate you?").
Comment by ApolloFortyNine 19 hours ago
We're borderline already there today when the cost of switching is typing a different url at the top of the screen. You add some mandatory 20 minute wait and you'll never see a new site again.
Google and Facebook would love it though.
Comment by inigyou 9 hours ago
Comment by inigyou 1 day ago
Comment by dotancohen 1 day ago
Comment by inigyou 23 hours ago
Comment by crote 22 hours ago
For example, in The Netherlands there is a legally mandated three-day period after signing the contract for purchasing a home during which the buyer can still call off the deal.
The reasoning for this is that it is a seller's market, with demand far outnumbering supply. In practice it is very common these days to end up in a bidding war, and even forego any kind of "sale is void if home inspection turns up issues" clause. Want to think about it for a day or two before signing the biggest contract of your life? Too bad, another buyer is willing to sign today.
With the mandatory three-day waiting period you avoid buyers being locked into a contract they basically immediately regret. It gives them some time to do due diligence, reducing the risk of buying a complete lemon. The seller can ask for a similar clause to be inserted, but it is less common. After all, the only risk to the seller is getting slightly less money for it, and that's already mostly dealt with during the bidding process.
Comment by tremon 21 hours ago
Comment by chrismorgan 20 hours ago
Comment by ethin 22 hours ago
The reason this isn't done is because corporations legal departments love writing 10-100 page contracts that absolutely nobody is going to read.
Comment by ymolodtsov 1 day ago
Comment by estebarb 1 day ago
Comment by tempestn 1 day ago
Comment by preg_match 1 day ago
The law really has nothing to do with cookies, it has to do with privacy, tracking, and PII. You can absolutely save preferences and perform analytics. What you can't do is hoard data that is personally identifiable for purposes that are not obvious to the consumer.
Comment by evcaldera 11 hours ago
Comment by TurdF3rguson 18 hours ago
Comment by inigyou 9 hours ago
Comment by tappio 1 day ago
Comment by tempestn 1 day ago
Comment by jason_oster 1 day ago
How many requests per second are being served? How many error codes were delivered to clients? How quickly the service responded? Service logs without PII? All perfectly fine to aggregate and analyze without consent.
Comment by ApolloFortyNine 19 hours ago
Acting dense like this isn't productive... And literally this information would be stores as anonymous user 12345, but that still would require consent (probably, or at least arguably).
Comment by tappio 15 hours ago
Comment by inigyou 9 hours ago
Is it a violation to send data that could theoretically be used for more invasive tracking than you actually do? I don't think so, or else you'd need consent just to receive an IP packet.
Comment by anonreplier 11 hours ago
Comment by literallywho 17 hours ago
Stats like that are only used to implement dark patterns better and justify user hostile decisions since pretty much the time the idea of telemetry was introduced. Otherwise, we'd live in the world of perfect web ui and we're not.
Comment by micromacrofoot 20 hours ago
Comment by yjftsjthsd-h 22 hours ago
Good.
> and you can't run a serious website without some kind of analytics.
I don't believe you.
> Preference-storing does as well, despite any reasonable user expecting that, if they set a preference, it will be saved.
IANAL, but I'm given to understand that this is untrue.
Comment by tempestn 21 hours ago
What do you see as the harm in website owners using aggregated analytics data to improve their sites?
Comment by yjftsjthsd-h 21 hours ago
Practical: Supposedly-aggregated stats have a history of actually being perfectly possible to analyze back into individually identifiable information. Also, it's conveniently the same tech stack in a way that makes it easier to make an actual slippery slope.
Comment by tempestn 18 hours ago
Comment by micromacrofoot 8 hours ago
Comment by micromacrofoot 20 hours ago
Comment by inigyou 9 hours ago
Comment by micromacrofoot 8 hours ago
Comment by Ferret7446 20 hours ago
Comment by LadyCailin 20 hours ago
Comment by otterley 1 day ago
There’s no way this would fly. “I didn’t read it” can’t possibly be an excuse to avoid being bound by an agreement. Every party to an agreement that flaunted its terms, even though they took advantage of the benefits granted by it, would invoke it as a defense, and it’s irrefutable. The system would completely fall apart if this happened.
There’s a balance that needs to be carefully managed here. Yes, fairness to consumers is important. But you can’t destroy the incentive to produce value in so doing.
Comment by znnajdla 1 day ago
Only engineers have trouble understanding this. It can be a reasonable defense, and it has successfully been used in courts of law many times. The law is not a machine that compiles text like code literally. Imagine someone who coerces a dying or sick person to sign an agreement they couldn’t possibly be in a reasonable state of mind to understand what they were doing -- the law can and does invalidate such “contracts”. That is the same principle behind age of consent laws. The law could theorerically (and does) invalidate “agreements” which no one is reasonably expected to read and understand.
Comment by otterley 1 day ago
> The law could theorerically (and does) invalidate “agreements” which no one is reasonably expected to read and understand.
I haven’t heard of a single case where an agreement was voided because “no one could reasonably be expected to understand it.” Unless the language was so impenetrable or vague that the agreement itself could not be discerned. Lawyers tend not to write such agreements.
Comment by IsTom 1 day ago
Comment by tempestn 1 day ago
Comment by ChadNauseam 1 day ago
I just visited theguardian.com to see their cookie banner. The banner says this:
> Your Privacy (`x` button to close the tab)
> US residents have certain rights with regard to the sale or sharing of personal information to third parties.
> Guardian News and Media and our partners use information collected through cookies or in other forms to improve experience on our site and pages, analyze how it is used and show personalized advertising.
> You can opt out of the sale of all of your personal information by pressing
> <button>Do not sell or share my personal information</button>
It's 3 sentences, plus a button that says "Do not sell or share my personal information". I actually don't even think this is GDPR compliant, because my layman's understanding says that GDPR consent must be presented as opt-in, rather than opt-out. (I guess they are going for CCPA/CPRA compliance?) But anyway, I would think that a reasonable person could be expected to notice a button that says "Do not sell or share my personal information" and then click it, especially when it's portrayed prominently at the bottom of the page.
Comment by preg_match 1 day ago
Because this is there 1 millionth cookie banner, because every site and their momma has one.
Also, 90% of cookie banners are not this good. They tell you nothing, hide the "reject" button behind multiple screens, etc. At that point the consumer is trained to click accept.
Comment by zenalt 10 hours ago
> Personalised advertising - it's your choice
> Independent, quality original journalism needs your support.
> Please choose an option.
> * Accept personalised advertising and all cookies
> We use cookies and similar technologies to support the Guardian and personalise your experience in other ways. To do this we work with a cross section of [139 partners].
> - or -
> * Reject all and subscribe to Guardian Ad-Lite for €5 per month
> Read the Guardian website without personalised advertising. This does not include ad-free. You will still see non-personalised advertising and we may still use cookies and similar technologies to improve our site.
Followed by:
> Some cookies are necessary to help our website work properly and can’t be switched off. Find out more in our privacy policy and cookie policy, and manage the choices available to you at any time by going to ‘Privacy settings’ at the bottom of any page.
> Cookies and similar technologies collect information from your device and may be used to access personal data about you including page visits and IP addresses. We use this information about you, your devices and your online interactions with us to provide, analyse and improve our services. We use cookies and similar technologies for the following purposes:
> * Store and/or access information on a device
> * Personalised advertising, advertising measurement, audience research and services development
> * Personalised content and content measurement
And finally the buttons:
> ( Accept all ) ( Reject all and subscribe )
> If you already have Guardian Ad-Lite or read the Guardian ad-free, [sign in]
Comment by inigyou 9 hours ago
Comment by troupo 1 day ago
This is the definition of informed consent
Comment by jkaplowitz 1 day ago
However, since we are discussing the banner that The Guardian website shows to US viewers, I assume they’re trying to comply with California privacy law, which does allow opt-out regarding the sale of personal information.
Comment by troupo 14 hours ago
wat
GDPR says that opt-out is the default, and if you are asking for consent, it had to be clear, unambiguous, and with both chouces clearly present.
Comment by inigyou 9 hours ago
Not legal: you have to click a button to be opted out, otherwise you're opted in. (Opt-out as a verb)
Legal: you are opted out by default (opt-out as an adjective describing the default situation)
Comment by ButlerianJihad 9 hours ago
https://en.wiktionary.org/wiki/opt-in
You've muddled the definitions again. "opt" signifies an action by the user.
If I am "in a group" by default, then I can take an action to "opt out", requesting to be removed from the list.
If I am not initially joined to the group, then I can take an action to "opt in" and be added to the list.
There is no such thing as "opt by default". That is not a user action. It also makes no sense for the same list or group to be both "opt in" and "opt out" because, as adjectives, they imply the default states and they describe the user action taken to change that default.
opt-in: default state is out
opt-out: default state is in
Comment by inigyou 4 hours ago
> GDPR says that opt-out is the default
do you see how these relate? The second one quite explicitly talks about being opted out by default, i.e. what most of us call opt-in.
Comment by tacitusarc 1 day ago
Comment by SiempreViernes 1 day ago
Comment by otterley 1 day ago
Comment by tacitusarc 21 hours ago
Comment by otterley 20 hours ago
But anyway. What exactly do you mean by “buried or obscured”?
As I said above, if the parties cannot be said to have an agreement because the terms of the agreement itself are inscrutable, then that would probably result in no contract being formed, or the terms at issue interpreted in the light most favorable to the non-drafting party. Like if the terms were presented in so small a font that only someone with a microscope could have read them, or it was written cryptographically or is gibberish.
Basically you have to successfully argue that no reasonable person could have read and understood the agreement. You’re unlikely to prevail if you argue only that you, the individual, did not. (Unless the court also finds you are incapable of entering into any contract because you’re a minor, are non compos mentis, etc.)
Comment by tacitusarc 16 hours ago
I suppose you can claim I am wrong to believe that, but it is accurate for me to state that I _do_ believe it, which is why I didn’t list me being wrong as one of the possibilities. Practically speaking, that is the first possibility I enumerated.
I should note that in my example, imagine neither doc is any more inscrutable than all the TOS we encounter in the wild, instead it is the construction (the fact it is a footnote link) that makes it easy to miss the additional doc.
Comment by otterley 15 hours ago
Comment by ferngodfather 1 day ago
Comment by victorbjorklund 1 day ago
Comment by otterley 1 day ago
Also, striking an unconscionable term typically does not void the whole contract. Just the term in question.
Comment by bryanrasmussen 1 day ago
Aside from that many of these contract have terms that might be considered substantive unconscionability - for example if terms state that what you post can be used by the company that owns the service for marketing of the company or the service I feel this would not make it through most legal systems that I feel before the attempt are not inherently corrupt.
Comment by otterley 1 day ago
Comment by simonra 1 day ago
Comment by otterley 1 day ago
Comment by bryanrasmussen 23 hours ago
As an example I have an email account with site A. I go to site A and log in, they suddenly spring a large new contract for me to read, I cannot get through to do what I came to do, it will take me 5 minutes to read so I click OK because I am on my way to check my email with site A. Procedurally this is not reasonable behavior.
What would be reasonable?
"Hi, we are changing our terms of service, you can see it at this link and agree. If you don't have the time right now you can do it later, but in three days you will lose access to the service unless you agree to terms."
There are however lots of other laws in the EU which may in fact make this behavior substantively unconscionable anyway. I certainly believe there would also be substantive arguments to be made in this case.
Comment by SiempreViernes 1 day ago
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A...
Comment by otterley 1 day ago
Comment by victorbjorklund 10 hours ago
Just read avtalslagen paragraf 30. It says just that. And it is different from paragraf 36.
Comment by otterley 6 hours ago
See also https://svjt.se/svjt/1959/497 "En person borde sålunda bli bunden av ordalagen i det dokument han undertecknat utan att äga att ursäkta sig med att han icke läst igenom dokumentet."
Comment by victorbjorklund 4 hours ago
You are referring to a 60 year article and the sentence you highlighted is NOT his opinion on the old contract law (the contract law currently in effect is from 2020) but rather he is explaining the opinion on German law from another person.
Of course you as an American sees no difference between contract law in continental European law and common law.
Comment by victorbjorklund 4 hours ago
Enligt 30 § avtalslagen kan en rättshandling inte göras gällande om den, gentemot vilken en rättshandling företagits, framkallat rättshandlingen genom svikligt förledande eller bort inse att den som företog rättshandlingen blivit svikligen förledd av någon annan. Det finns en presumtion för att det svikliga förfarandet har framkallat rättshandlingen, om omständigheter som svikligen uppgetts eller förtigits kan antas vara av betydelse för rättshandlingen.
bad Google Translate:
According to Section 30 of the Contracts Act, a legal act cannot be enforced if the party against whom the legal act was performed caused the legal act by fraudulent misrepresentation or Should have realized that the party performing the legal act had been fraudulently misled by someone else. There is a presumption that the fraudulent misrepresentation has caused the legal act if circumstances that were fraudulently stated or omitted can be assumed to be of significance for the legal act.
Comment by otterley 4 hours ago
Fraudulent inducement is not about unjust terms in contracts. The elements of fraudulent inducement in the US are:
1. The other party falsely represented something to you regarding a material fact;
2. They knew that it was false;
3. They made the representation in order to induce you to rely on it;
4. You did actually rely on it;
5. You did not know that it was false; and
6. You sustained damages as a result.
I imagine it's not significantly different in Sweden.> According to Section 30 of the Contracts Act, a legal act cannot be enforced if the party against whom the legal act was performed caused the legal act by fraudulent misrepresentation.
OK. We have the same law. But I don't understand what this has to do with an "I didn't read the contract" defense. Since you possess a Swedish law degree, can you cite a single case wherein a party to a contract escaped their duty to perform merely because they didn't read the contract? Assume no fraud, clear language, no misrepresentation, no unconscionable/unlawful terms, both parties are competent to enter a contract, etc.
Comment by lukeschlather 1 day ago
Comment by Y_Y 1 day ago
Comment by nekusar 1 day ago
https://www.nbcnews.com/news/us-news/disney-says-man-cant-su...
"Disney is trying to have a widower's wrongful death lawsuit dismissed and sent to arbitration because the man had signed up for a Disney+ account several years ago."
Now what happened was that Disney quit fighting over really bad PR. But the court challenge would have liteky succeeded.
Comment by victorbjorklund 46 minutes ago
Comment by Paracompact 1 day ago
Comment by nekusar 23 hours ago
Mozilla with their Thundermail just tried saying in their ToS that if you're mentioned at all in anything legal, you agree to pay their legal fees.
Comment by c0_0p_ 1 day ago
Comment by bluGill 1 day ago
Comment by otterley 1 day ago
Comment by bluGill 1 day ago
Comment by Avicebron 1 day ago
The value is derived from the people consuming the product. Placing the "incentive to produce value" above the people who presumably are the source of this value seems...misaligned.
Comment by otterley 1 day ago
Comment by Avicebron 1 day ago
What we need is an environment that does not give the producers asymmetric power over consumers and the products will naturally align with that.
Comment by inigyou 1 day ago
Comment by monkpit 1 day ago
Comment by inigyou 1 day ago
Comment by otterley 1 day ago
Comment by readread 1 day ago
Comment by otterley 1 day ago
Also, sarcasm isn’t welcome here. Please read the HN guidelines.
Comment by readread 1 day ago
Ah yes, I didn't couch my post in any of the various, rampant HN-friendly versions of shitposting. I'll try to follow your example from here on out. Excellent touch citing the guidelines at me after your role in this thread, A+.
Re-reads this thread, taking notes
Comment by Y_Y 1 day ago
Comment by readread 1 day ago
Comment by inigyou 10 hours ago
Comment by readread 7 hours ago
People routinely create alts just to post sensitive stuff and seem to do fine, and presumably they are keeping multiple accounts active at once.
[EDIT] I mean plus if I gave that many shits about being able to post on HN, I'd probably care a lot more about holding on to my precious karma in the first place, no?
Comment by Fraterkes 1 day ago
Comment by otterley 22 hours ago
HN is supposed to have higher than typical standards for participation than most internet fora and is largely self policing. It’s not condescending to tell people when they are misbehaving. Nor is it condescending to explain to people the law and how things work, provided you’re not insulting them in the process. Which I’m not doing.
I find much more concerning people’s certainty of their mistaken understandings and beliefs, combined with the most ludicrous possible interpretation of other’s positions.
Comment by bee_rider 1 day ago
Or that any actual human is aware that an agreement was made (since an AI can find a checkbox nowadays or software can be configured to bypass it). One way to add balance could be to require people asking for contracts to actually treat them like real serious legal documents, show up for the signing, and figure out who they are making an agreement with.
Comment by otterley 1 day ago
Prinicipal-agent law predates computers by a very long time.
Comment by bee_rider 16 hours ago
Comment by arjie 1 day ago
As it stands I just hit Accept on literally everything and that’s fine for me.
Comment by j1elo 1 day ago
It already pushes the correct "Reject" button for you on a lot of sites (not all; it works based on rule lists)
Comment by arjie 1 day ago
Comment by bbg2401 1 day ago
Comment by goodrubyist 1 day ago
Comment by TheScaryOne 1 day ago
When was the last time you read an entire EULA before installing software?
I'm going to guess the time frame is somewhere around "never."
These are nuisance contracts designed to jade people with legalese while stealing their rights to things like class action and enforcing binding arbitration.
Standard contracts sounds like the way to go.
Comment by goodrubyist 21 hours ago
Comment by Phemist 1 day ago
So lawmakers do know how to make legally binding preferences based on device settings? What a crazy innovation.. now if only parents were given these options to indicate their child is using a device.. we could do away with all this Online Safety Act nonsense...
Comment by mike_hock 1 day ago
Browsers already had settings for deleting cookies. There was never a reason for banners whose only function was pulling the ladder up from smaller competitors and concentrating power in the hands of an oligopoly that could siphon data directly from the OS.
This coupled with a law mandating ISPs provide a "change IP on demand" feature would have given users a sort of "Tor light" level of privacy. Strong privacy is trivial to achieve for a government that doesn't have a conflicting goal of total surveillance.
Comment by morsch 1 day ago
Comment by bhaak 11 hours ago
Every time you get a cookie banner with options, the website wants to know more about you than the law permits by default.
Comment by toxik 11 hours ago
Comment by mike_hock 1 day ago
Comment by inigyou 1 day ago
Comment by mike_hock 1 day ago
When prompted by the browser on first login/signup, yes, the same way the password manager works. With stored passwords, keeping the login cookie doesn't even add much value.
Comment by inigyou 23 hours ago
Well, there is a skip button. It's labelled "accept all"
Comment by IanCal 1 day ago
It’s baffling we’re having this misunderstanding on this site in 2026 still.
Comment by TurdF3rguson 18 hours ago
Comment by dredmorbius 14 hours ago
Browser fingerprinting / Panopticlick: <https://ssd.eff.org/module/what-fingerprinting> <https://panopticlick.org/>
On-device identifiers --- Google AdID (GAID), Apple IDFA, etc.: <https://developer.transmitsecurity.com/guides/risk/secure_de...> <https://geraguard.com/blog/how-device-fingerprinting-works-m...> <https://alejandrocordon.com/blog/2025/01/18/unique-identifie...>.
Comment by TurdF3rguson 13 hours ago
And BYW, browser headers can even be a violation if it's determined that you are using them for tracking users in a way that violates ePrivacy demands.
It's still a cookies thing.
Comment by rtpg 21 hours ago
The cookie banner isn't about the usage of cookies, it's about _the underlying tracking_. You're allowed to "just" use cookies for normal shit! You can make a website where you use cookies to store login state for a user, without a single banner.
The thing is that every company in the world feels the need to add 1000 tracking cookies to anonymous users to track them through conversion funnels (on top of the ad stuff). That's what you have to inform people about
You can use cookies normally without a banner! You can't track without consent! Every cookie banner is actually a "we want to track you" banner. Calling it a cookie banner is playing into the confusion about what those banners actually are meant to communicate
Comment by aspbee555 1 day ago
Comment by mike_hock 1 day ago
It's not hard to make privacy work when you are the government rather than working against a hostile one.
Comment by Jtarii 1 day ago
Comment by inigyou 1 day ago
Comment by croes 1 day ago
Comment by AlienRobot 22 hours ago
So instead everyone stays on Facebook, Instagram, Reddit, and Twitter, which ALSO operate on ads and have far more information on their users than any third-party ad tracker could ever have.
None of this has gotten rid of the privacy problems. It just consolidated them into the worst offenders while jeopardizing the plurality of the web. Now instead of people being tracked by Facebook on a website with a third-party cookie in a like button, they are tracked by Facebook on Facebook in a Facebook page because they never leave Facebook.
Comment by tgv 1 day ago
The online safety acts and its EU counterparts are somewhat risky, but nobody wants the mention the only proper alternative: a total ban on "social media." Not just for kids, but for everyone. Or a ban on smart phones, that would work too, at least short term. But: money.
Comment by alt227 1 day ago
This is unfortunately the reality.
The other day a friend asked me to help her make her phone safer for her kids to use. I started by asking if she set permissions on the apps she downloaded. She looked at me blankly, "What permissions?". I proceeded to show her how you can granularly control what you allow each app to do on your phone and what access it is allowed. Her head blew up, she had no idea any of this existed and after gong through a few menus, she didn't care any more. It was all too complicated and too much to think about for a busy mum.
This is why governments unfortunately are having to try to protect people from themselves. As tech competent people it all seems so simple to us, but we need to remember the majority of the population just click 'Allow All' and blow past all permission and security questions as they have no idea what any of it means.
Comment by dijit 1 day ago
I haven't set up an Android in a while, but, I doubt it's massively different.
Comment by alt227 1 day ago
Comment by dijit 1 day ago
We should just give up and give random individuals access to everyone's camera roll.. no other way.
Comment by SiempreViernes 1 day ago
Comment by fuzzzerd 18 hours ago
Comment by dijit 1 day ago
Greatest minds of our generation couldn’t possibly invent fast profile switching.
Lost technology.
Comment by dwedge 1 day ago
Comment by Latitude7973 9 hours ago
Comment by dwedge 7 hours ago
Comment by dijit 1 day ago
Bit of a mouthful though.
Comment by mcfedr 1 day ago
Comment by SoftTalker 1 day ago
Comment by Kuyawa 1 day ago
When restoring factory defaults, the same question, just in case the phone is sold, gifted, stolen or whatever.
If you are going to give a phone to a minor you should set that option right from the start.
Comment by vidarh 1 day ago
It'd be even better if there was a way for people to selectively turn it off for specific devices without MITM the connections. It wouldn't be that hard to come up with a mechanism for that.
Comment by broken-kebab 1 day ago
Comment by SoftTalker 1 day ago
Comment by SoftTalker 1 day ago
Comment by alt227 1 day ago
Comment by GaryBluto 1 day ago
Comment by preg_match 1 day ago
Yes, as a parent, you are required to put in more effort into parenting your kid than random hypothetical people. That's obvious, and has been the case forever.
I understand the concept of community, but community is not me sacrificing my privacy for someone 1000 miles away.
If parents don't want to do X, Y, and Z to lock down their devices then that is their right. And I support their rights, so the conversation is over right then and there IMO.
Comment by djaro 23 hours ago
The aim here is to protect the children. "Just let parents protect them" doesn't work when there's millions of parents that won't care.
Comment by SoftTalker 1 day ago
Comment by conception 1 day ago
Comment by alt227 1 day ago
Exactly. The problem is its from the parents side.
Comment by readread 1 day ago
Options between "we don't have tech in the house" and "wide-open tech, we have it all" are all some amount of painful, usually for no good reason.
(I remember once investigating how to do some pretty basic stuff for this in Linux, hoping to find something nicer than manually setting some executable permissions and firewall rules and then having to go back and change them all the time, and the closest thing to a guide I found was an old article from Red Hat that basically lead with "LOL, good luck you poor sap, Linux sucks at this" before going on to explain the various bad ways available to sort-of, but not entirely, accomplish it with a lot of work, and significant ongoing time-burden)
Comment by throwawayk7h 13 hours ago
Comment by mcfedr 1 day ago
Comment by djaro 22 hours ago
Comment by mcfedr 14 hours ago
Comment by tgv 1 day ago
Comment by BiteCode_dev 1 day ago
Comment by Levitating 1 day ago
Comment by echelon 1 day ago
THIS
Holy shit. This is such an obvious fix. And it shuts up those surveillance state goons immediately.
My God, why have we tried to summon up the ghost of 1984 when such a simple fix as this will do.
Parents can lock devices into "child mode" that emits "user is child" headers. Websites can then block.
The blast radius is zero.
Good God, we need to fast track this into browsers right now. If we hurry we might be able to point to this as the technical fix.
Once some of the infrastructure exists, OS vendors can hook into it.
Firefox devs - please do this right now. Please spearhead this.
I might have to vibe code an advocacy site for the spec and set up a GitHub / RFC process.
Comment by tangotaylor 1 day ago
CA tried this with AB 1856. I wasn't a fan of this (neither was EFF) because of the privacy and tracking concerns of blasting the fact that the user is a child to all websites.
https://www.eff.org/deeplinks/2026/05/one-step-forward-two-s...
It would better for the block to happen at the device level. That is, the browser knows it's on a child's device and has a whitelist of allowed sites.
There is already an RTA (Restriced to Adults) header where the website self-labels that it's for adults only and the browser can block it while protecting the user's privacy. I'd prefer expanding the use of RTA.
Comment by Phemist 11 hours ago
Comment by dageshi 1 day ago
The web is too big and changes too much and that's before we get to the issue of applying laws to a whitelist based on different juristictions worldwide.
And I have to question, who would administer it? The parents? They won't. Google or Apple? Why do they want to deal with irate parents or culture wars around what is or is not on the list?
There is obvious increasing demand for this from parents, politicians are going to act on it, I think a "this is a child" header is the only one that actually really works. It works for the parents because it's easy to setup. It works for websites because they can cleanly identify a child and filter content if appropriate.
It seems to me that every other solution than a "this is a child" header is either impractical or way worse.
Comment by tangotaylor 1 day ago
Yes, granted, a globally enforced whitelist probably wouldn't work. I'm referring to bespoke lists that parents control. I know plenty of parents that use this. e.g. here's Apple's feature:
https://support.apple.com/en-us/105121#:~:text=Prevent%20ina...
> It works for websites because they can cleanly identify a child and filter content if appropriate.
This still doesn't solve the problem of different jurisdictions and culture wars of what is or isn't appropriate for kids. All this does is move the liability upstream to websites instead of the devices. That is, instead of the browser deciding what's appropriate, now Youtube, Reddit, etc have to decide. And, as we've seen with the OSA in the UK, typically smaller platforms can't handle the enforcement cost so they just shut down entirely.
https://onlinesafetyact.co.uk/in_memoriam/
The larger platforms often use overbroad CYA measures and throw up age verification where they don't need to (Reddit has done this in the EU), or just ban minors (Anthropic and character.ai did this).
As far as blocking explicit content, a self-labeling requirement like RTA accomplishes the same thing as a "this is a child" header but without the liability CYA and without the privacy concerns.
Where the "this is a child" header solution could theoretically win is allowing kids to access websites in a limited child-safe way, e.g. going to Reddit in child mode automatically shuts off certain subreddits. But, as we've seen, it just doesn't work well in practice and usually frustrates parents by overly broad content policing and liability theater. Kids are also at different levels of maturity and I've seen them get frustrated when they're binned into age categories that they feel they don't deserve. e.g. a 12 year old might be plenty mature enough for the 13-16 age category.
But my real objection to the "this is a child header" is the privacy risk and surveillance risk. I don't think it's worth it.
Comment by Phemist 10 hours ago
You mentioned AB1856 which seems waaaaay broader than emitting an age bracket header based on user settings. It puts the onus on the website operator to not only prevent presenting content to wrong age bracket users, but also to determine the age bracket of the user.
Websites are shutting down wholesale because they cannot reasonably afford the CYA, or dont want to out of principle.
In echelons scheme the parent would be voluntarily setting the age bracket on the childs device right, so if a 12 year old is more mature, then go ahead and set their device to emit the 13-16 age bracket header. If you as a parent dont believe in this, then leave the bracket unset.
For a website operator it would be trivial to block the user from accessing the site if the suggested age bracket is too low (as long as we can agree on a single way of doing things, of course). Larger operators can do more heavy content moderation and present a filtered view to those same age bracketed users.
It is true you are adding more tracking signals, and I am sensitive to the free speech issues, but children are not fully emancipated members of society yet and parents need tools to deal with the difficulties of raising children in a digital society. The alternative now seems to be OSA-like, which is even more intrusive and a risk to privacy and perhaps free society as a whole.
Of course, OSA is really the goal and not the method, and we have to remember it is never about the children. Would children have been protected from e.g. andrew mountbatten if OSA had been around at that time?
Comment by tangotaylor 3 hours ago
I am against legally requiring devices to transmit a signal that the user is a child to websites. What I want instead is to handle any content blocks client-side. Instead of legally requiring adult sites to verify the age of users, I'd prefer requiring that these sites self-label (or move to an obvious TLD like .xxx), which makes it easy for the device to block it. This accomplishes the same thing without the tracking infrastructure and privacy concerns. I don't want my kid's device blasting that they're under 13 to every sketchy website that asks.
> It puts the onus on the website operator to not only prevent presenting content to wrong age bracket users, but also to determine the age bracket of the user.
I believe AB 1856 does not do that any more. As of July 1st, they amended it to remove all requirements on website operators, except one. What it does now is make the app's age signal apply "across all platforms of an application, including an internet website [owned by the same developer]." e.g. the Facebook app gets the age signal, now facebook.com knows the same signal.
Also AB1856 (and the DAAA which it amends) has no content policing requirements. All it does it force apps and websites to know the age of their users, which then triggers liability under other laws like the up-and-coming social media ban AB 1709 (which I'm against). Or CA's Age Appropriate Design Code act (which I believe is getting tossed around in the courts for First Amendment concerns).
As far as presenting a filtered view of a website, e.g. Reddit blocking some subreddits for kids, I'm open to debating this. I personally think it doesn't work and platforms will just over-regulate or wholesale ban minors (Claude, character.ai) rather than comply with the patchwork of laws in different jurisdictions. Or they'll spin off a heavily locked-down version for kids only, like YouTube Kids.
Steam is an illustrative example of how hard it is to get the filtering right. They're trying to comply with OSA but there's still a lot of information leakage between the kid-safe portion and the rest of the platform: https://youtu.be/hOaGUfy6NTw
Comment by dijit 1 day ago
I've long since considered that the efforts for online child safety should be pointed at educating parents and spearheading some kind of certification of compliance for child safety of software and websites.
[this product is certified to adhere to EU:CSA]
Then you can block everything not certified, and the software that does the blocking would also be certified, the two major prongs you need (endpoints and sites working together: else they're blocked). The rest of the money goes to education for parents about this fact, and the dangers of not doing it, and how to do it.
This is super "easy" (when comparing to the effort it would take for putting backdoors in everything).
Which is why I think that the reason is definitely not child safety, and more about crime control.
Me talking about UK blocking people unless they ID themselves in 2013: https://news.ycombinator.com/item?id=6979295
Me talking about how its disingenuous because we have superior technical solutions to this particular issue last year: https://news.ycombinator.com/item?id=45010902
Comment by bonoboTP 1 day ago
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Comment by alexandre_m 23 hours ago
I'm not sure to understand the proposed solution here, but it seems someone could just use a different web browser client who don't inherit these restrictions.
Comment by inigyou 1 day ago
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Comment by grumbelbart2 13 hours ago
There are so few sites where I really need cross-site logins to work that an opt-in would be much more preferable.
Have all sites set cookies on whichever third party they want, but don't share those cookies over. Add an explicit "Do you really want foo.com to share data with bar.com?" if you really need to see those facebook comments on your news site.
Comment by tomp 1 day ago
No cookie banner is required for functionally necessary cookies.
Comment by IMTDb 1 day ago
EU official website in it’s cookie banner glory: https://european-union.europa.eu/index_fr
Comment by zelphirkalt 22 hours ago
I get similarly upset, when I see Google tracking on official websites of government or public institutions.
Comment by TurdF3rguson 18 hours ago
No, they don't really need to track you, that's why it requires consent to do it.
They are doing exactly what they say.
In other words, they're not saying don't track your visitors. They're saying get consent first.
Comment by latexr 11 hours ago
https://commission.europa.eu/resources/europa-web-guide/desi...
> Use of the cookie consent kit is mandatory on each page of the DGs and executive agencies-owned websites, regardless of the cookies used.
Comment by micromacrofoot 20 hours ago
if they didn't use third party cookies they wouldn't need it
Comment by ThatMedicIsASpy 10 hours ago
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Comment by kodebach 23 hours ago
Also AFAIK the Google Fonts question (is the IP alone already PII, if Google has no way of tying the IP to a person) has not been decided by the ECJ yet. There've only been decisions by lower level German courts that are still in dispute.
Comment by jebronie2 16 hours ago
"Well if the cookie comes from a third party it implicitly allows tracking."
Yes, because this makes tracking possible you have to gather consent first, regardless if tracking actually happens. Very bad solution, they could just define how data can be legally used, instead of also overreaching by defining how data can be legally transmitted.
Comment by jeremyjh 19 hours ago
Comment by jebronie2 16 hours ago
Comment by buzer 20 hours ago
> strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.
One very ignored qualifier here is "information society service". This is defined in Directive 2015/1535 and one of the requirements is that the service is "normally provided for remuneration". That is usually understood to mean that the service needs to be tied to provider's economic activity. This effectively excludes, for example, public authorities websites which are for their own public duties. It does however include e.g. ad supported websites.
And yes, I'm aware that many national implementations actually miss that qualifier. That can save the non-commercial private sector websites, but public authorities do not benefit from Member States failing to transpose Directive correctly.
Comment by ApolloFortyNine 19 hours ago
People act shocked when it leads to unintended side effects, but companies legal teams are just telling them they have no idea how a judge will interpret these broad wordings in regards to their business.
People say this fixes "future loopholes" but as you see with the cookie banner, it just leads to every company assuming the worst case scenario.
Going back years of conversation on cookie banners you'll see a constant argument on when they're required or not precisely because it's not defined explicitly.
Comment by GJim 11 hours ago
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Comment by deathanatos 22 hours ago
I do not want the gas station, or the airplane I'm on, spying on me to build relevant advertising. That is the end game of "relevant ads": my gas pump already serves me ads, the airplane I'm on serves me ads, my own car now (via a software update that occurred after purchase) serves me ads. Monitors now serve ads. TVs are abusing people's Internet connections, which isn't ads, but it's basically the same problem: if I can abuse the customer without consequence, why shouldn't I?
Just no. The problem is, I as a consumer cannot vote with my wallet: companies can and will go "I could take your money, and earn $X, or I could do that and ads and earn $X + $Y."; there is not reason for them to choose the former, and most markets are so concentrated (e.g., airlines) that there is not ample competition for the market to provide ample "vote with wallet" choices. Further, in the car example, it's just bait and switch: even when I think I can vote with my wallet, the company can just alter the terms of the deal, knowing full well the switching price of a car makes me subservient to them.
Comment by crote 22 hours ago
Why? Plenty of websites operate just fine with no or near-zero ads. Just look at the one you are currently on!
And what's with confusing "relevant ads" with "privacy-invading targeted ads"? There's still plenty of ads in print media, on television, and on billboards: none of them are invading my privacy, yet they still manage to be relevant by choosing a medium with a certain target demographic. Websites used to do the same, there's no technical reason we can't return to this.
Comment by fsflover 5 hours ago
Of course it is: https://news.ycombinator.com/item?id=43595269
Comment by albedoa 18 hours ago
Comment by ApolloFortyNine 19 hours ago
Any future law in regards to this will likely just lead to the companies that already got consent (companies you already have accounts with) becoming even deeper entrenched.
Non targeted ads pay a small percentage of targeted ads.
Comment by tysilva 1 day ago
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Comment by alt227 1 day ago
Comment by fmbb 1 day ago
They did not read the text to agree.
It was the fastest way to get the banner to go away. Sometimes they force you to confirm multiple times if you click ”none” or ”minimal”.
Comment by PaulRobinson 1 day ago
In the UK a few news sites have changed cookie banners to "you can accept and see this stuff for free, or you can sign up for a subscription, which would you prefer?". It's the only time I hit accept (and then clear browser history).
If blanket preferences from browser signals became the norm, a segment might open up where you would configure preferences and a data broker would make sure you get something in return for your data. At minimum it might force paywalled publishers to consider that as a "lite" subscription option.
Comment by inigyou 1 day ago
Comment by troupo 1 day ago
ads don't require invasve and pervasive tracking
Comment by jamiequint 1 day ago
Comment by crote 22 hours ago
Advertisers are willing to pay more for privacy-invading ads because they believe they are more effective. If privacy-invading ads were illegal they'd just go back to context-dependent ads like they have been using for the thousands of years before the internet was invented, and after an adjustment period the revenue will just bounce back to where it was before.
Most advertisers know this already. If privacy-invading ads were so effective, why are all the major brands now using influencers to market their products? Why go through the effort of finding a specific Instagram channel which might be a good fit and convincing the operator to enter a brand deal, when you could also just directly pay Instagram for a highly-targeted ad one swipe away?
Comment by troupo 14 hours ago
That's what the tracking industry keeps telling you with zero evidence it's true.
And then there are studies like this one: https://www.sciencedirect.com/science/article/pii/S016781162 which say that targeted ads need to be 100% to 700% more effective to be as profitable as non-targeted ads
Comment by alt227 1 day ago
Comment by Alpha3031 1 day ago
(see e.g. https://iapp.org/news/a/cjeu-clarifies-cookie-consent-requir... https://www.edpb.europa.eu/news/edpb-consent-or-pay-models-s... )
Comment by troupo 1 day ago
Again, that is not a requirement. If your argument is that they give us content for free because of ads, ads don't require pervasive and invasive tracking. Or hiding stuff behind paywalls (since ads pay for it).
Comment by alt227 12 hours ago
Im pretty sure if a company said something like "Here have free netflix for life, as long as you install this browser plugin that provides us with information about your shopping habits" millions of people would bite their hand off.
Comment by inigyou 1 day ago
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Comment by tezza 1 day ago
Need to look up a bus time? Full screen cookie consent with accept buttons drawn OFF THE SCREEN.
Comment by inigyou 1 day ago
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Comment by albedoa 18 hours ago
Your kind comes into every one of these threads and says some version of "well if they weren't tracking then they'd have nothing to worry about and no need to show a banner", but that is so obviously not true to anyone who uses the web. You absolutely do not need to defend a law that is not working.
Comment by mullingitover 1 day ago
> When the law takes effect in January 2027, Californians will see new privacy options in web browsers. When enabled, these controls will automatically inform websites of their privacy preferences, helping to protect personal information from being sold to data brokers and other third parties. This means they will be able to protect their data — like their browsing history, location data, purchase history, and personal interests — across the entire internet with a single step.
Comment by TurdF3rguson 17 hours ago
Comment by dspillett 1 day ago
Sounds good, as long as it covers the "legitimate interest" bollocks⁰ that is often hidden in inconvenient UI nests as well as the basic preference.
-------
[0] "we see your preference not to be stalked, but we want to anyway, click again for every partner to reconfirm you don't want them following you around"
Comment by nihonde 17 hours ago
Browser-based privacy controls were proposed in the late-90s/early-2000's as P3P, and were killed by corporate interests.
Comment by voidUpdate 12 hours ago
3% of people want to be tracked online? I think it's more likely that 3% of people misunderstood the survey question
Comment by benrutter 11 hours ago
I don't really use youtube natively a lot anymore, but I used to with Google's "personalised ads" turned off. I don't know if you've tried that, but the ads Google serves you if you opt out of personalised adds are sketchy, creepy and mostly not child appropriate (a lot of medical stuff, plus adverts for mail order brides etc). Back then I opted in to personalised ads because being tracked seemed a better option to me than being served inappropriate material without my consent.
Anyway, that's a long rant, but my point is, there's edge-cases and weird contexts in which I can imagine people saying something like "of the options I see as likely to happen, I'd most like to be tracked".
Comment by voidUpdate 11 hours ago
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Comment by tempestn 1 day ago
And for a serious website, front end analytics are kind of a necessity to understand how users interact with pages and improve the experience. Note that it certainly doesn't require tracking the behaviour of individual users, just understanding how controls are used in aggregate.
I know it seems like you could work around this with careful design and maybe focus groups and such, but I can tell you we regularly uncover surprising insights from (aggregate) trends in front-end events.
Comment by dgellow 1 day ago
See here[0], page 6:
> As stated in Article 5(3) ePD: ‘This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.’
0: https://www.edpb.europa.eu/system/files/documents/2024-10/ed...
As long as you do not share that info with 3rd party, and the user requested it, you can store via cookies pretty much whatever you want without the need for a consent screen
Comment by tempestn 1 day ago
Comment by jeroenhd 11 hours ago
Good websites sharing stuff for the fun of it rarely ever add these obnoxious banners. They probably should if they embed other trackers (like Youtube or Google Fonts) but often just don't. It's only the ones that want to make money off you that bother putting in the obnoxious banners.
Comment by bux93 9 hours ago
Even the use of the word "cookie" is framing by industry to confuse people.
Comment by jeremyjh 19 hours ago
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Comment by hollowturtle 22 hours ago
> Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.
> When disagreeing, please reply to the argument instead of calling names. "That is idiotic; 1 + 1 is 2, not 3" can be shortened to "1 + 1 is 2, not 3."
> Don't be curmudgeonly. Thoughtful criticism is fine, but please don't be rigidly or generically negative.
Full guidelines: https://news.ycombinator.com/newsguidelines.html
You're welcome
Comment by melicerte 12 hours ago
Comment by inigyou 9 hours ago
Comment by shagie 1 day ago
> ...
> You may think that EU privacy law requires cookie banners. But the law is clear: online tracking is prohibited by default.
That's an excellent idea... lets see how its implemented on https://european-union.europa.eu/index_en
Oh... there's a cookie banner.
Comment by duxup 1 day ago
I'm visiting a website, i don't want to make a legal agreement with every website ...
Social media bad for kids? Everyone hand over your ID at the door ...
Comment by jeremyjh 19 hours ago
Then you blame the government.
Comment by duxup 19 hours ago
Comment by getfluxly 15 hours ago
Comment by joelthelion 1 day ago
I don't have a lot of confidence for legislative solutions. Although I admire people who keep trying.
Comment by alt227 1 day ago
I guess that most companies just chuck it up there as a default so they dont have to read the law, or maybe they are all actually harvesting and selling personal data and therefore require cookies? Who knows.
Comment by reorder9695 1 day ago
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Comment by NopIdoN 21 hours ago
If the banner's not required, it ends up saying stuff like "we'd like permission to share your data with 0 partners". Ever see that?
The fact is most website operators want to use your data for non-essential purposes.
Comment by inigyou 1 day ago
Comment by esperent 1 day ago
50% that, and 50% that way more companies than you expect are harvesting and profiting from your data.
Comment by kuerbel 1 day ago
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Comment by TheCoelacanth 1 day ago
You need to disclose it in your privacy policy, you need to delete it after a reasonable retention period and you can't use those logs for other purposes like ad targeting, but you don't need a consent banner to track things that you are legitimately using for security purposes.
Comment by charcircuit 16 hours ago
What makes that a legitimate interest and not advertising?
Comment by TheCoelacanth 1 hour ago
Comment by srdjanr 13 hours ago
This part I guess
Comment by tete 1 day ago
I think most companies just don't give a fuck about user privacy and therefor have to show one. There are of course exceptions. But I don't know how many of them have been actual (for-profit) companies.
Comment by maccard 1 day ago
On our go-live form there’s a question “do you use cookies” and it’s yes/no. If you say yes legal block the site from going live without the pre approved cookie banner…
Comment by jarofgreen 1 day ago
Just checking, you do know that still counts as tracking and may fall under GDPR rules? GDPR was never just about cookies.
Comment by maccard 1 day ago
Comment by crote 22 hours ago
It was never about the cookies themselves. That just happened to be the most common form of tracking in use when the GDPR was originally written. Cookie-less tracking still requires a consent prompt, tracking-less cookies never required one.
Comment by maccard 13 hours ago
> it was never about the cookies themselves.
The ePrivacy directive was about cookies. GDPR is about user consent and data handling - the cookie banner is from the ePrivacy directive.
> Cookie-less tracking still requires a consent prompt, tracking-less cookies never required one.
Where in the GDPR or ePrivacy directive does it say cookie less tracking requires a consent prompt?
And on tracking-less cookies not requiring one - that’s my entire point.
Comment by JoshTriplett 1 day ago
I mean that both in the sense of "you, plural" (your company should fix that) and "you, personally" (because diffusion of responsibility is a real issue, and someone needs to actually do it).
Comment by maccard 1 day ago
Comment by HiPhish 1 day ago
That has been my guess as well. If you run npm install half-the-internet you have no idea what's in there, so just slap on that cookie banner for good measure. Of course the real problem is not knowing what's inside your application, but the thought process is "eh, if a blanket cookie banner does the job then that's good enough for me".
Comment by pjio 12 hours ago
Comment by inigyou 9 hours ago
Comment by unmole 18 hours ago
Perhaps the EU Commission could start by stopping the circus on its own website and killing its own cookie banner: https://commission.europa.eu/index_en
Comment by whywhywhywhy 1 day ago
Comment by jsrozner 1 day ago
There is ZERO cost to abusing the user over, and over, and over again by asking for permission to track them.
We shouldn't have the cookie banners at all because NO company should be able to do anything with tracking data. Just ban the use of user data by companies and most of SillyCon Valley's garbage behaviors are fixed.
Similarly, I should never get "terms of service updates" from digital companies because there should be no changes that they can make. You can provide the obvious service that you're providing; you can't aggregate my data for any purpose other than directly serving me; you can't aggregate my data with that of other users; if you retain my data for any other purpose, the government should take percentages of your revenue. I shouldn't have to wade through the BS that the mercenary corporate lawyers cook up to extract value from me.
Comment by aucisson_masque 10 hours ago
Put a note in your calendar, write a letter and send it then.
btw, the link say it's around 3% of people who want to be tracked when the reports state it's between 3 and 10%. it's misleading.
Comment by luquimarti 5 hours ago
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Comment by jeremyjh 19 hours ago
Comment by himata4113 1 day ago
I have personally never ever had any problems with the cookie banner since Brave deletes them with 100% accuracy, there's sometimes where a site will refuse to function properly, but it's usually sites I don't care about anyway and if I HAVE to get it working I disable brave shield, turn off all tracking, consent and turn the shields back on.
It is unfortunate that most browsers cannot implement this as it goes against what the companies behind the browsers want. Deleting the cookie prompt would stop people from occasionally just accepting all cookies and opting into tracking after getting tired of it.
Comment by pverheggen 1 day ago
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...
As written, this doesn't eliminate cookie banners completely, only if your browser is sending a Do Not Track header or similar. That's unfortunate news if you use fingerprint protection - those send default headers, so you'll still be bombarded with cookie banners. Hopefully existing anti-fingerprinting solutions will offer a "default headers but with Do Not Track" option.
Comment by MetaWhirledPeas 1 day ago
Comment by pcollins123 14 hours ago
He asked me "So, how would you make the Internet better at Google?".
My response, "Setup preferences in Chrome to eliminate all popups including Cookie banners".
I never got a call back for the second interview.
Comment by PeterStuer 12 hours ago
Comment by samiv 15 hours ago
The answer is simple. Don't use tracking cookies.
Comment by alibarber 13 hours ago
Oh.
Comment by SeriousM 1 day ago
Comment by reddalo 1 day ago
Comment by hash872 1 day ago
Sites that easily allow you to simply reject everything are then a short hop, skip and a jump into browser settings where you auto-reject all cookie/tracking nonsense
Comment by ghtbircshotbe 8 hours ago
Comment by drnick1 1 day ago
Another good one to have the "hide Youtube shorts" filter, featured on HN a while back.
Comment by tete 1 day ago
Also I wanna know when websites don't give a shit about my privacy and therefor have to show a cookie banner. While theoretically not consenting should mean not collecting blocking it altogether and modifying page content might mean "all bets are off". If the website expects you to have made a decision that might wrongly consider it consent.
Consent-O-Matic says "I don't consent".
Comment by jsrozner 1 day ago
Comment by alex1138 1 day ago
Comment by nottorp 13 hours ago
Is there any reason for allowing this tracking browser side besides a little convenience for the web devs?
Comment by imhoguy 1 day ago
Comment by Retr0id 1 day ago
So now they'd have a new popup that says "reconfigure your browser to accept tracking, or pay us, or you can't access the page". Which isn't really an improvement.
Comment by JoshTriplett 1 day ago
Comment by 1vuio0pswjnm7 1 day ago
;dr
The "cookie banner" is an interactive method used by "adtech" companies to try to get user consent, as required by EU law. The forced interaction makes this method annoying
Google and other "adtech" companies are lobbying EU Member States to vote against giving users a means to non-interactively deny consent
Comment by m000 1 day ago
I would say, we are like 80% there. Yes, there are still some dark patterns employed by cookie banners, trying to trick you into accepting tracking. But they are not too hard to make out. And they can be fixed by tuning the regulation a bit: Require the opt-out to be the first choice and the only one with highlighting.
Ad tracking is not going away tomorrow. If we ever are going to get rid of it, we first need legislation to defang it so it stops being a cash-cow. "Tracking prohibited by default" is a great end-goal, but we are not there yet.
Reading between the lines, it appears that there is some new solution proposed to "automatically communicate your privacy preference". That's nice, but when e.g. the Do Not Track header was tried, it just fell flat. So until this new solution is implemented and adopted, I'll take my websites with a cookie banner, thank you.
It is an unfortunate choice that the campaign obsesses over the cookie banner, instead of trying to actually advance the solution that would make it obsolete.
Comment by crote 22 hours ago
The fact that we are still talking about this literally a decade after the GDPR was adopted shows that this isn't working. It has turned into a cat-and-mouse game, and the regulators just don't have the manpower to effectively rules-lawyer every tiny change.
> when e.g. the Do Not Track header was tried, it just fell flat.
... because there was no reason to follow it. There was literally zero consequence for ignoring it.
This new proposal makes the Do-Not-Track v2 header legally binding. User sends the header and you still show a consent popup? You're breaking the law, simple as that. No weaseling yourself out of it, a simple screenshot is enough.
Any regulator could build a fully-automated scanner in half a day: ask the local TLD registrar for a mapping of websites to companies, have some script request the page and do a regex search for "cookie" (or use AI if you are feeling fancy), take a screenshot, pass it to an intern to double-check, then automatically send out a €100 fine. Double it every X weeks they haven't fixed it yet. Want to fight it in court? They have screenshot, you lose, now pay.
Comment by richrichardsson 12 hours ago
Comment by jchook 21 hours ago
However, powerful interest groups like ad companies that profit from your attention (which hysterically virtually powers the Internet today) were able to stop it from happening.
It was debated way back in 2009 when the GDPR was being developed. Iirc the argument was that browsers accept cookies by default so users do not get a fair consent moment. This is obviously easily fixed by regulation requiring browsers to ask users once.
Seems extremely backwards that we chose to forever darken the entire Web browsing experience just so users can "benefit" from a per-site option to let Google profit from them, with virtually zero payoff for the end user (ad relevance?).
P.S. If ad revenue is an essential pillar of Internet survival and fruition, the clear alternative seems to be sharing a fraction of that revenue with the tracked consumer.
Comment by _moof 20 hours ago
This industry is a paperclip maximizer, and it needs to be dealt with accordingly.
Comment by voxic11 15 hours ago
Comment by jchook 13 hours ago
Comment by hieKVj2ECC 1 day ago
Comment by lacoolj 1 day ago
I guess what I'm saying is, there is no good solution here. I don't want every site I visit to require a usage fee just to browse. Imagine if slashdot turned into WSJ with a paywall for every article.
Kagi already does something like this, and cool - if you use it enough, maybe its worth a subscription. I dont find myself googling (searching) much anymore, so paying to do so just becomes something i need to find a way around. Like API token usage for AI, using it is like making a new recipe in the oven every time. You expect it to work but you have to invest the time and money into the attempt before you can find out the results (whereas you dont have to do this on free chatgpt, google search with ai, etc as comparison). Too much investment without guarantee of results. I'm fine without that guarantee as long as im not wasting my time and money upfront.
Anyways, thanks for letting me rant
Comment by crote 21 hours ago
Sure, but magazines get a massive portion of their revenue through advertising without trackers. Same with television, or radio, or billboards.
And the ad space isn't exactly very healthy either. Take a large Youtube channel like Linus Tech Tips, for example: AdSense only accounts for 10% of their revenue! Youtube has been drowning people in ads and it still barely pays any money.
I think we should seriously consider the possibility that targeted ads might be less profitable overall. Ad blockers didn't become a thing solely because ads appeared on the web. Ad blockers became popular when ads became obnoxious and privacy-invading. With the current state of the web ad blockers are a hard requirement for a reasonable browsing experience, so the only people seeing ads are the handful of suckers too ignorant to install them.
But if ads aren't as invasive and obnoxious, people would have far fewer reasons to install ad blockers. See for example the Acceptable Ads program of Adblock Plus. If switching to user-respecting ads resulted in a significant portion of people turning off their ad blockers, it could very well result in an increase in ad revenue!
Comment by j16sdiz 1 day ago
I am kind of wanting to f around and found out. I missed the old internet were most of the big websites are run by hobbyist. I know some of them may not be able to pay the bill without ad. May we can figure out something once we leveled the playing field
Comment by websap 1 day ago
Comment by eru 13 hours ago
Comment by crusty 21 hours ago
Comment by micromacrofoot 20 hours ago
but the proper functionality would be no cookies that require consent until consent is given
Comment by ChadMoran 1 day ago
Comment by troupo 1 day ago
It wasn't on EU Commission to "finally propose a solution". The soluton has always been there.
Somehow, Google, aka world's largest tracking and advertising company incidentally making the worlds' dominant browser and completely dominating all web standards, couldn't be bothered, and instead was pushing crap like FLoC
Comment by cube00 1 day ago
Google knows if you can set this once it's game over for their adverting business. At least with the cookie banners, there's a possibly you won't refuse every banner.
Especially those banners that only have "Accept" or "More options" with all those checkboxes to clear.
Comment by sflicht 18 hours ago
Comment by leptons 17 hours ago
It's just like ADA compliance and trolling lawyers all over again.
Comment by giancarlostoro 20 hours ago
Comment by sandeepkd 1 day ago
Overall this is a common sense solution. The challenge is that a significant industry makes money by collecting and selling data. It makes it harder for businesses who depend on it, they are going to get creative and will eventually come up with some dark pattern to circumvent it.
Comment by ezoe 1 day ago
It's YOUR browser, a locally running software on a physical computer YOU own which memorize the cookie key-value pair a remote host told YOU to memorize and YOU return the same value later. It's YOU who allowed the cookie. If YOU don't want to allow the cookie, YOU simply not allow it.
You are technically 100% control on cookie. These JavaScript implemented in-page UI has no guarantee to respect your wish. But you have a power to disable it.
Comment by frollogaston 1 day ago
Comment by troupo 1 day ago
E.g. storing your precise geolocation for 12 years: https://x.com/dmitriid/status/1817122117093056541
Comment by TheCoelacanth 1 day ago
GDPR is not about cookies; it is about tracking. Whether the tracking is done through cookies or through other means makes absolutely no difference.
You can prevent some tracking via your browser, but definitely not all of it.
Comment by mFixman 12 hours ago
Does anybody here know of a better solution?
[1] https://addons.mozilla.org/en-GB/firefox/addon/consent-o-mat...
Comment by richard_chase 1 day ago
Comment by mmarq 1 day ago
Comment by pndy 1 day ago
In 2024 Mozilla acquired Anonym from former Meta executives and decided to introduce PPA: https://hn.algolia.com/?q=privacy+preserving+attribution
Comment by reddalo 1 day ago
Comment by IshKebab 1 day ago
Comment by tete 1 day ago
It's great. The current law forces people that don't give a shit about user privacy to have a banner (or any other way of asking for consent first) while giving everyone that cares and everyone not wanting to spy on their visitor a free pass.
Comment by inigyou 1 day ago
Comment by whatcd 1 day ago
Comment by wazdra 23 hours ago
1: https://www.cnil.fr/fr/cookie-walls-la-cnil-publie-des-premi... (in french, sorry)
Comment by fhn 1 day ago
Comment by the__alchemist 1 day ago
Comment by pndy 1 day ago
Comment by hborscht 1 day ago
Comment by tcfhgj 1 day ago
Consent-O-Matic -> automated configuration to your preferences using the dialog provided.
I still don't care about cookies -> least privacy friendliest option, because it may opt into undesired tracking (its goal is just to remove the annoyance of the dialogs)
Comment by the__alchemist 1 day ago
Comment by tgma 1 day ago
Comment by pmlnr 1 day ago
People not reading back on history is still very much a thing.
Comment by ktosobcy 1 day ago
> The solution: automatically communicate your privacy preference
Would be lovely and would happen if it weren't for… wait for it… Google and whole effed up ad-busines:
https://ppc.land/eu-council-drops-cookie-signal-after-google...
F*ck google and other BigTech…
Comment by buildwrangler 1 day ago
Why the fuck do people have to keep stating the same preference over and over again. This is a hellscape of bad government AND corporate policy colliding.
Comment by haute_cuisine 1 day ago
Comment by buildwrangler 1 day ago
Comment by vivzkestrel 17 hours ago
- for the love of god please do this
- please get rid of every cookie banner on every website on this planet once and for all
- you ll be doing humanity a huge favor
Comment by cure_42 21 hours ago
Comment by PunchyHamster 1 day ago
But we can't have that, can we ? They will lobby to hell and back for that to not happen
Comment by croes 1 day ago
Comment by righthand 1 day ago
Comment by charcircuit 1 day ago
Comment by paulddraper 1 day ago
I don't want randomnewssite to track me. But a favorite online store...I do want help with recommendations.
Comment by joeframbach 1 day ago
Comment by paulddraper 1 day ago
It's easier to click a single button than hunt for how to create/access an account for the brand.
Comment by dymk 1 day ago
Comment by frollogaston 1 day ago
Comment by qurren 1 day ago
Ironically, this has the effect of cookie banners reappearing every time because they cannot place a cookie that says that you have rejected them.
Comment by Phemist 1 day ago
Comment by frollogaston 1 day ago
Comment by Phemist 23 hours ago
Comment by mzajc 1 day ago
Unfortunately this means you have to view a lot of the web through archive.today or web.archive.org - I would know because I have uMatrix configured this way.
Comment by frollogaston 1 day ago
Session cookies for all sites would be fine if passkeys weren't like "We support passkeys. Do you want to use a passkey? Press ok again to use your passkey. Do you consent to using your passkey? Now please authenticate yourself to use the passkey... √ Thank you for using passkeys. Press ok to continue."
Comment by qurren 1 day ago
I disable cookies for Amazon because I need to login; if a local business wants me to buy from them directly they need to:
1. Not give me a CAPTCHA or cloudflare shit
2. Give me free shipping and a lower price than Amazon minus 5% cashback that I would get on Amazon
3. No registration needed to check out
and I'll buy from the local website. It's really not a high bar, they need to learn to not shoot themselves in the foot.
As for the news websites -- bleh. If they want me to read it, make it easy to read. As in, I click into it, show me the content. If I get a popup, banner, anything that covers up the content, I bounce. I'll get the news from social media anyway. If they'd rather I get it from their news website, they need to learn to not make me bounce.
I'm not opposed to advertising if they want to get revenue from that, but it should not track me, not cover up content, and not load megabytes of JavaScript to do it.
Comment by tcfhgj 1 day ago
-> not really sensible
Comment by amelius 1 day ago
Comment by orangelimetea 18 hours ago
At all.
Comment by johndhi 1 day ago
instead of building websites and writing laws over the span of decades that just seem to want to ban targeted advertising but don't actually do it. FFS.
Comment by gitowiec 1 day ago
Comment by jebronie2 1 day ago
1. Making tracking impossible/illegal would NOT kill cookie banners, since you need them to record consent for other purposes as well, such as embedding a video from a third party like YouTube.
2. The GDPR explicitly prohibits site-owners from making cookie banners misleading. The law is already there, it is just not very well enforced.
3. "This results in up to 90% of people saying “YES” – even though only around 3% actually want to be tracked online" This claim is grabbed out of thin air and can be dismissed as such.
4. "The solution: automatically communicate your privacy preference" This is nonsense because it does not actually solve anything, because you need to record consent for a variety of purposes, not just analytics/tracking.
5. Killing tracking would kill the value of ads (since they are not targeted anymore), resulting in a reduced ability for small businesses to advertise and a hugely increased amount of ad spam everywhere. Few targeted ads > Many untargeted ads
Unless you want an internet where advertising is no longer possible, this solves nothing apart from stroking a few activists ego.
Comment by wrqvrwvq 1 day ago
Comment by logicallee 1 day ago
https://stateofutopia.com/laws/2/law2.html
This is not a proposal, it is duly ratified international law that applies to "Every Browser Maker making a Browser available anywhere" and "Any site anywhere that receives a valid signal".
The EU Commission had until July 18, 2026 to modify its laws:
>"The site shall not display a banner, modal, interstitial, or other prompt requesting a choice already expressed by the signal. It may optionally provide a “Cookie Settings” or “Privacy Settings” link. This Law overrides all laws requiring such a display. Where any country or supernational entity has a conflicting law, it must rectify the Law within 30 days not to require such notification."
Therefore, insofar as it has not rectified its laws not to require such a notification, the EU Commission is in violation of international law as of 8 days ago.
Under section 7.3, "The State of Utopia may order compliance, require corrective updates, suspend non-compliant distribution, and impose civil penalties. Fines may be levied in any amount for continued non-compliance." so we can fine the EU Commission whatever you guys want ($1 billion? $10 billion? whatever four and a half millennia are worth) and just distribute the collected fines among you all as cash payments.
[1] Here is the announcement of the law 38 days ago: https://news.ycombinator.com/item?id=48585778
Comment by nektro 1 day ago
Comment by jebronie2 23 hours ago
Comment by openquery 1 day ago
I've wanted the option to select your cookie preferences once and forget in a brower for ever.
I assume the reason this wasn't done initially was corporate pressure (most people would opt-out of everything by default).
1.2 billion exposed users × 8.17 years×365×3 banners/day×4 seconds÷36 is roughly 10-15 billion human hours lost to dealing with damn cookies since GDPR took effect on May 2018.
That's about 17,000 human lives.
Comment by mrx8086 13 hours ago
Comment by srijanbaniyal 1 day ago
Comment by afishisafish 12 hours ago
Comment by dfaoidsoi 1 day ago
Comment by m00dy 15 hours ago
Comment by chmorgan_ 1 day ago
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Comment by SadErn 1 day ago
Comment by CurbStomper 1 day ago
Comment by doodlebugging 1 day ago
EDIT: It's obvious that people really hate this option. Maybe too many here have their incomes too closely tied to the metrics that cookies are designed to collect. It could also be that it is an unrealistic option for everything except the most extreme societal changes.
If you are old enough and look back far enough you may remember the time before all this bullshit like I do. Once marketing and advertising get involved and gain power in an organization, things tend to go to shit fast.
Comment by jsrozner 1 day ago
Comment by rpdillon 1 day ago
> Tired of misleading cookie banners? The EU Commission has finally proposed a solution: set your privacy preferences in the browser once, and never see another banner.
Fortunately, if you have uBlock Origin, you can enable Easylist cookie notices under annoyances and avoid most of them. Combine with blocking third-party cookies, and the problem pretty much disappears.
The fact that the EU tried to regulate this stuff is a shame, because regulation is not a good remedy. End-users have agency here. The solution is to enable end-users to have control in their browser (which they always did, so it's an issue of education, like so many things).
Shame that Google is trying to kill uBO though. Extremely pleased that Brave continues to support it.
Comment by mrkeen 1 day ago
The Do Not Track header is the only technology needed. The rest is compelling companies to obey it.
Comment by cwnyth 1 day ago
Comment by TechSquidTV 1 day ago
Comment by PaulRobinson 1 day ago
Just step back and ask yourself what each side of that debate is trying to achieve and why. What is motivating them? Why are they motivated in that way?
Don't just recite what you "know", think, look, research, figure it out. It might sound good to have a one-liner like this in your back pocket, but do you really believe it after looking at the publicly available information that it is their real intention to conduct a "crusade to destroy the internet"?
Comment by tcfhgj 1 day ago
Comment by jebronie2 23 hours ago
Comment by amelius 1 day ago
(because it drives consumerism)
Comment by yankfatigue 1 day ago
Comment by W3cUYxYwmXb5c 1 day ago
Cookies were never a problem. Just get rid of the banner.
This other legislation should pass/fail on its own merit.