Comment by SpecialistK
Comment by SpecialistK 17 hours ago
Why is blaming the lawmakers, the only ones who can enact laws governing this, "bad faith"? Bad faith does not mean a decision or opinion you disagree with.
Do Not Track was ignored because there was no legal requirement to. Wikipedia is not the best source, I know, but its first sentence on the "Adoption" section is: "Very few advertising companies actually supported DNT, due to a lack of regulatory or voluntary requirements for its use"
Lack of regulatory requirements. In other words, no government had the smarts or the spine to make it a law. Who is to blame for making the law...? Lawmakers.
"that's on you" is also an absolute cop-out, in my opinion. Lots of things on the internet are illegal, usually for good reason. I don't think I need to list examples. The EU, EU member-states, and other jurisdictions have no problem making horrendous things on the web illegal to host or visit. If data harvesting is bad, explicitly make it illegal.
"The average user would notice he's being tracked" also is the counter-argument to my point - if every site, no matter how banal, has a bar at the bottom with a big blue button that effectively says "yeah whatever go away" then it's ignored. Boy who cried wolf. If this bar only showed up on Meta and Google and Doubleclick ads then maybe it would carry some weight.
I didn't think it was necessary to say, but apparently it is: my criticism of this part of the GDPR is not to invalidate the good work it has done for user rights on the web. Only to note that regulations, no matter how well intentioned (the point of the OP), come with side-effects that were unseen at the time. Don't waste keystrokes defending those unfortunate side effects (while apparently blaming everyone except those with the power to change it) but instead form campaigns and working groups to propose something better and encourage your legislators to adopt it.
I agree that the GDPR could have gone much further but making data harvesting illegal was never the point—and this is not my opinion.
Websites could show a small banner that says "hey, we use cookies for targeted advertising; click here to opt in to them" but instead chose to use a full-screen pop-up where you can't even navigate properly if you don't click. Hell, some don't even have an easy to access "Reject all" button—I even wonder if it's legal.
While I admit cookie banners are a side effect of the GDPR, they only came to be because that's what the industry chose. Claiming that the reason Big Tech did not honor DNT is because there was no legal requirement is true but not the full picture; they ignored it because it is against their advertising incentives.
GDPR should be even more radical for sure but none of what they enacted was a mistake.