3 ms·

All cookies are allowed, with no popups required, if they provide functionality that the user wants (e.g. shopping carts, login sessions, etc.). Remembering tha

All cookies are allowed, with no popups required, if they provide functionality that the user wants (e.g. shopping carts, login sessions, etc.). Remembering that the user has refused to consent to spying is perfectly valid functionality, so no consent is required to store that in a cookie. Explicit consent is only required when the user's personal data will be used for purposes other than implementing the functionality the user wants to use. In other words, spying. If you see a "cookie banner", it's because the site you're visiting wants to act against your interests, and GDPR made that illegal by default. Ask the site to stop acting maliciously, and then they won't need a banner.

dorgo 6y ago
>and GDPR made that illegal by default Why didn't GDPR make it illegal in general then, if it is such a no-brainer?
- chriswarbo 6y ago
  Why don't you make it illegal? Presumably because you don't have the political clout to do so. I would bet the EU didn't either (e.g. actions by EU member states like the UK seem to be heavily in favour of surveillance-capitalism, so they would presumably veto any outright ban). It would also be an incredibly restrictive thing to do. Consider copyright laws as an analogy: they are "all rights reserved", making it illegal to copy, distribute, perform, etc. a copyrighted work by default. That is very different to an outright ban on copying, distributing, performing, etc. a copyrighted work (it would be illegal to show movies in theaters, or to publish books!). Interestingly, GDPR doesn't allow incentives to be given in exchange for consent. People can incentive publishers to distribute copies of copyrighted books, by providing money (i.e. buying the books). Surveillance networks cannot pay users to give up their personal data. This is a nice asymmetry of GDPR, in the public's favour.

dorgo 6y ago

>and GDPR made that illegal by default Why didn't GDPR make it illegal in general then, if it is such a no-brainer?

chriswarbo 6y ago
Why don't you make it illegal? Presumably because you don't have the political clout to do so. I would bet the EU didn't either (e.g. actions by EU member states like the UK seem to be heavily in favour of surveillance-capitalism, so they would presumably veto any outright ban). It would also be an incredibly restrictive thing to do. Consider copyright laws as an analogy: they are "all rights reserved", making it illegal to copy, distribute, perform, etc. a copyrighted work by default. That is very different to an outright ban on copying, distributing, performing, etc. a copyrighted work (it would be illegal to show movies in theaters, or to publish books!). Interestingly, GDPR doesn't allow incentives to be given in exchange for consent. People can incentive publishers to distribute copies of copyrighted books, by providing money (i.e. buying the books). Surveillance networks cannot pay users to give up their personal data. This is a nice asymmetry of GDPR, in the public's favour.