[wskinner]

> The mistake the EU made was to not foresee the madness used to make these decisions.

It's not madness, it's a totally predictable response, and all web users pay the price for the EC's lack of foresight every day. That they didn't foresee it should cause us to question their ability to foresee the downstream effects of all their other planned regulations.

[gond]

Interesting framing. If you continue this line of thought, it will end up in a philosophical argument about what kind of image of humanity one has. So your solution would be to always expect everybody to be the worst version of themselves? In that case, that will make for some quite restrictive laws, I guess.

[wskinner]

People are generally responsive to incentives. In this case, the GDPR required:

1. Consent to be freely given, specific, informed and unambiguous and as easy to withdraw as to give 2. High penalties for failure to comply (€20 million or 4 % of worldwide annual turnover, whichever is higher)

Compliance is tricky and mistakes are costly. A pop-up banner is the easiest off-the-shelf solution, and most site operators care about focusing on their actual business rather than compliance, so it's not surprising that they took this easy path.

If your model of the world or "image of humanity" can't predict an outcome like this, then maybe it's wrong.