[forgotaccount3]

> I also recognize that websites don't need the banner if they aren't trying to track me

And I recognize that there is a non-trivial cost to knowing if you need the banner or not, and people are likely to ask their web designer/dev "Hey, where's the cookie banner?" and then pay for the subsequent cost of implementing that because it's cheaper than expensive lawyers.

[inigyou]

I don't think anyone in their life has asked for a cookie banner if they thought they didn't need one. It's not a positive thing.