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Comment by remus

1 day ago

Perhaps I am overly optimistic in thinking this is just incompetence.

Yes, you are. The legislative process around EPD/EPR fully anticipated the malicious compliance and it became a back-and-forth political football long before anything was passed. The legislators were never dumb and the corporations were always greedy+powerful.

  • I had one of the providers recommending us that we leave the "Decline All" button out of Europe, since it's not widely prosecuted, buy recommended that we add it to California, since chances are slimmer.

    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".

  • If they fully anticipated this then surely they could've fully anticipated how annoying and useless cookie banners are?

    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.

    • > surely they could've fully anticipated how annoying and useless cookie banners are

      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.

      4 replies →

Well, maybe it is... but then the PM never prioritizes testing or fixing the problem. They're not intentionally trying to get more people to accept cookies, it's just that there are always more important features to build and fires to fight, and fixing the cookie banner won't move any of the metrics executives are breathing down their necks about, and it won't look good in the perf packet...

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.