The popups aren't compliant with either the intent or the letter of the law and instead pass under the legal theory of "if all of us are guilty none of us are g

The popups aren't compliant with either the intent or the letter of the law and instead pass under the legal theory of "if all of us are guilty none of us are guilty," which so far seems to be holding. You could argue that it's not regulatory capture and instead it should be called enforcement capture or judicial capture, but absent that level of nuance I think the more accurate simplification should be "regulatory capture" rather than "real impact."