Kill the Cookie Banner

32 points by loige


arsCynic

In the meantime one can use extension Consent-O-Matic. It lets the user pick their preference and from then on it automatically clicks away the cookie banner according to said preference.

chrismorgan

This was posted on HN a week ago, and my comment there became at +116 my second-highest-voted comment (my top comment is against stale bots’ very existence on bug trackers). Given how clearly it resonated there, I think it’s fair enough to duplicate it here this time; Lobsters’ responses could be usefully different in character. I do think the whole cookie banner thing has been phenomenally mishandled, enforcement should have come down on malicious pretend-compliers like a tonne of bricks but instead mostly took five years to politely ask people if they could stop a small part of that. (Early cookie banners were almost always obviously non-compliant with at least one of ePD and GDPR, normally both. Nowadays they’re more commonly at least not so obvious about it.)

The other approach to killing the cookie banner is simply to declare that such a thing cannot constitute “informed consent”. (Perhaps: “ticking a checkbox and/or clicking a button cannot constitute informed consent”; and see what they try next.) From a factual perspective, I honestly think that shouldn’t be controversial: it’s well-understood that very few people actually read those things, they just want to get them out of the way. Just as shrink-wrap licenses and even simple contracts have at times in some jurisdictions essentially been neutered, so that only terms that a reasonable person would expect to be there are enforceable, at which point it becomes obvious that the whole thing needs tearing down in favour of standard licenses/contracts. In the Australian state Victoria, for example, there are standard rent and property sale contracts; for renting you must use that contract, and I got the impression that residential sales practically always use the standard contract.

But of course it’s impossible to convince someone of something when their livelihood depends on their not understanding it.

I think the “perhaps” parenthesis sentence was a mistake, it needed a bit more nuance than that. Shouldn’t have added it after writing the rest.

(For further personal background: I’m an Australian that now lives in India and has never been to Europe, but who has read GDPR entirely and knows a lot for a software developer about things like ePD and GDPR and relevant Australian and US legislation until a few years ago.)

rkaw92

This is so much needed, but also a bit confusing. The data processing consent form is not the cookie banner. The cookie law is about storing information on the user's device. The big in-your-face forms ("We Care About Your Privacy") are a work-around for the GDPR, not for the cookie law. Some websites try to combine the two consents (cookies + data processing), with results sitting at an unknown legal status.

loige

I have always been frustrated with the cookie banner and happy to see an initiative like this one, although I am not fully convinced this is the right form... It's not really a petition, it's an invite to reach out to each EU country parliamentary person without a clear action.

WDYT? Is it worth pursuing?

I am genuinely curious and hopeful this can work out somehow...

Sharparam

This idea is neither new nor complex. Your browser already automatically signals other preferences to websites, for example your preferred language.

I'm not sure this is a great example given that most websites actively (yes, based on experience the people who make the decisions will make a conscious decision) ignore the browser's language preference.