> The EU solution is, of course, to turn a technical problem into a legal problem. As a regulatory body, what else can they do...? In fact, I actually see this

> The EU solution is, of course, to turn a technical problem into a legal problem. As a regulatory body, what else can they do...? In fact, I actually see this as a good thing. You should think of regulation as an abstraction, an interface, a contract, that defines only a desired outcome (in this case the idea that 3rd party tracking should be opt-in rather than opt-out or non-opt). The details are then left to private entities to implement. In fact, had they defined it to be say a browser feature or any other specific implementation, it would be strictly worse. By legislating the abstract concept of 3rd party tracking consent, they are leaving open the door to innovation. The idea is that if someone can come up with a better way of collecting consent in terms of UX, while still guaranteeing the same level of consumer protection, then they should be able to outcompete worse implementations. The law does not require banners per-se (instead requiring affirmative consent before tracking can commence), nor does it require any button size (instead requiring that features not requiring tracking not be gated behind the consent wall and that certain consent outcomes shouldn't be favoured as a part of the UI). What we have is only that way because innovation is not that fast and the motivation to innovate here isn't that high (yet) --- banners are easy enough to implement and not so egregiously bad as to turn away users.