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"Accept all" always makes it go away immediately.

Some variant on "reject" takes more effort like 70% of the time. Which is on purpose, of course. The ones that aren't maliciously-complying have a "necessary only" button that insta-closes it, but tons pretend that you might want to allow some spying but not all of it and make you go through another screen if you don't just "accept all".

> To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning.

Then it'd be possible to default it to "nope" (Firefox, and perhaps Safari, might do this) or to allow a "never, anywhere" setting the first time the question is asked, and malware and spyware vendors know that'd mean a much larger proportion of denials.

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"necessary only" also tends to have a malicious compliance aspect where they don't store a cookie recording your preference and show the banner on every single page until you click accept.
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I don't see that as malicious. Is my consent record "strictly necessary"? No. Don’t get me wrong. I’m sure they love that, but if sites saved that preference when only necessary was selected, I’m sure a bunch of people would be screaming that they weren’t following the law.
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I don't think anything is actually "necessary" if you want to be strict on definitions.

I think it's absolutely fair and unlikely to be illegal to use a cookie to remember cookie preferences. Unless the cookie value was not yes/no, but something like a precise timestamp that could be used for uniquely identifying.

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

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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.
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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".

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which they can be sued for as that's not compliant way to handle it. Just that nobody bothers
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It literally does not matter what you pick on these things - most of them don't work anyway. Think about it: Of course they don't. All the third-party javascript is already on the page. Anything you do inside the sandbox with UI provided by, usually, some other third-party, can't just magically force all that other code to behave in a specific way, unless someone has done a great deal of work to integrate the cookie banner code. If the first-party site were that competent at instrumenting every bit of third-party code the marketing department threw at the website department, they wouldn't even need the third-party cookie banner vendor in the first place.

Clicking those "REJECT!" buttons might make you feel empowered, but it's pointless. Just set your browser to delete all the cookies at the end of the session except for whatever sites you want to allow to 'remember' you.

The whole thing has always been a problem to be properly solved by the browser, and it's probably just the fact that Google makes the only browser that matters, that it's been foisted upon every website owner, who mostly just wants basic analytics and to track conversions from the ads they run, and isn't "selling your data."

The browser is your user agent. If it's sending any information up to web servers on every request that isn't okay with you, why are you using it?

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> Just set your browser to delete all the cookies at the end of the session except for whatever sites you want to allow to 'remember' you

Exactly. I use the "I don't care about cookies" extension, which rejects most cookies automatically without me having to see the popups. But even accepting cookies is fine - I'll be closing my browser soon anyway and they'll be gone.

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It's a nag-box that appears every time someone visits a new website. Of course people are going to click it away as fast as possible. In the few cases you repeatedly visit a website one might want to reconsider, but by then it's out of mind due to not being shown after giving consent.

It is known that warnings and pop-ups that show up almost all the time yield diminishing returns. I think it was named "normalization of deviation" by some folks in a blog a while ago, and I believe that name fits. If you get warned about missing https all the time, or that something might be dangerous (even though it does precisely what you want it to do), it will loose its effect by the time you actually need it.

You can argue this is malicious compliance, but if you want it to go away it would probably be easier to go for banning tracking and personalized ads altogether. Eliminate the reason for this behavior, so to speak.

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> To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning.

There is one. It's a DNT header. Knucklehead websites ignore it.

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Because it doesn't mean anything specific and breaks entire business models (merely logging that you landed from an ad click and seeing if you check out counts as 'tracking,' doesn't it?) if interpreted purely literally. So, the only way to treat it is to either ignore it or to just send back an error code and message that says "Sorry, having some tracking is the condition to get this free content. Accept or don't."

Like it or not, the Web is a two-way street, meaning that the server end of the transaction doesn't owe the client end anything in particular unless there's some relationship in place (like a payment). It appears the "just ignore it" matches the intent of most web users, though, since an overwhelming majority of web visitors accept a bunch of spammy ads + free 'content,' and a slim minority pay for ad-free alternatives.

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>breaks entire business models

So do car alarms.

I'm not convinced this is a business model I want to exist. We had an internet before it, and Google, and Facebook. I'm increasingly sad we can't return to it.

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> "Sorry, having some tracking is the condition to get this free content. Accept or don't."

The law that caused the cookie banners also says companies cannot block access to the site if the cookies are not required for the functioning of the site.

Some German news sites have broken this and have "accept or pay" and I think this leaked to news sites in other countries. Facebook even tried it.

So, sure, if DNT is true, try to make people pay. Fine by me.

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Including the one we're posting on
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What tracking does HN do?
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> But in many cases, you could just click "reject" and the banner would also disappear...

Oftentimes the reject flow is substantially more annoying than the accept flow. I click reject myself when it's an option, but I can absolutely understand how people might get conditioned to click accept when clicking reject might result in more popups.

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A lot of UK sites (Reach local news stuff) now explicitly say take cookies or pay, which tbh I always thought was illegal.
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It's wild to me that anyone thinks that would be a reasonable law (whether or not it is law, I have no clue, I don't live in UK or EU).

If you made a website and you said "To view the private content on my website, you have to either pay me, or sign a name, any name you wish, in my guestbook" what business is it of the government to say "No, this random person refuses to pay or sign the book, but Thom, you have to let them see all your articles anyway."

Note that I used "sign any name" as the metaphor, not "show ID," since it is trivial to not allow any important information exchange if you simply delete the cookies yourself, which is easy to configure a browser to do. The end-user has the choice, if it's so important to them, to configure their browser. Even Chrome can be configured for which sites to allow cookies, which to disallow, and which to clear when the browser closes (the smart choice, since accepting them and throwing them away soon after is the undetectable option that accomplishes your main aim).

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Allowing bad actors to act badly against all but the most sophisticated users is exactly where lawmakers should be stepping in. Sorry you find that controversial.
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It is illegal, but compliance is not enforced to the degree that it should. Companies get away with a lot of GDPR infractions, unfortunately.
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The UK is somewhat famously no longer part of the EU (you may have heard of a thing called "Brexit" a few years back).

However the UK does have its own GDPR regulation (see: <https://www.gov.uk/data-protection>), though my understanding is that it may be less strict in requiring equivalence between "accept" and "reject" actions. (I may be wrong on this.)

UK sites accessed from the EU would have to be under EU GDPR compliance.

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I believe myself to be fairly well-informed, and usually accept the cookies, because I don’t foresee any potential harms, and it helps the people running the website. I am worried about many things like phishing and hacking/data leaks, but the valuable data isn’t cookie-related.

What harm are you worried about?

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Tracking usually happens across websites, meaning the information is shared with third parties outside the people running the website where you accepted the cookies. Knowing your interests, behavior and preferences makes you prone to manipulation. The selection of information shown to you will be crafted such as it maximizes engagement. For example, showing you information that upsets you, in order to get you to react. Or just information with a slant or spin to influence your opinion. Nobody is immune to being affected by the distribution of what they are being shown.
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These popups aren't about cookies but really about spying. It seems you have nothing to hide. I understand: I also don't. However, the problem with spying is not about individual secrets but about the society and democracy.

Lack of privacy harms journalism and activism, making the government too powerful and not accountable. If only activists and journalists will try to have the privacy, it will be much easier to target them. Everyone should have privacy to protect them. It’s sort of like freedom of speech is necessary not just for journalists, but for everyone, even if you have nothing to say.

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The banner is not just about cookies, but also about data sharing, so by accepting you increase the amount of your data that can be leaked.

These banners handle both ePrivacy consent for cookies etc, but also GDPR Art. 6(1)(a) for processing purposes (personalised ads, measurement, audience insights, precise geolocation, even device fingerprinting).

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Well, the whole thing is theater anyway. It does not matter what you choose.

They will fingerprint you with or without cookies. They may or not try to honor your preferences, but their "partners" will not try, and by the time you see that banner, it's all out there.

"Accept" is the close button.

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"To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning."

This is exactly what browsers did back the 90s, they asked about every single cookie.

Then browsers got configurable options to simply accept either all cookies, no cookies, or only first party cookies (excluding third party sites unrelated to the domain you visited).

For now well over 20 years I have disabled 3rd party cookies in all browsers I use, and only in a few cases overall did I need to make exemptions.

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There is also the fact that by rejecting, the cookie that remembers that preference expires after like a day, so you have to click that dumb banner almost every time you visit the site.
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And that is malicious, it is not supposed to happen
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This happens when countless websites continue to do the illegal thing of making rejection take more effort than accepting, without being sued into oblivion for repeat offenders. Roughly 9 out of 10 websites today will be doing this illegal shit, and we are too timid to tear them down.
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People expect visiting a website to be read only or contained within a sandbox to not read other files on their computer which is correct. Most people just don’t care about tracking and want to get to the content.
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Most people reasonably assume that if they click Reject they won't get the page they're looking for.
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>This is a jaw-drop moment for me every single time I observe someone else using the web and quickly clicking "accept"

There's a mismatch between the velocity at which people visit sites and the time it takes to navigate the cookie particulars of each site.

And, we can dismiss this as people being uninformed or lazy but the reality it is that's actually not so unreasonable. Cookies are in some ways near the bottom of the list where privacy is concerned, given everything else from breaches to search dossiers to device finger-printing to mobile device location-tracking to the ubiquity of cameras in the real world, and on and on.

The idea that we're clawing back privacy in any meaningful sense by blocking a few cookies here and there is kind of quaint.

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if ever there were a need for a small local ai plugin...
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I suggest looking at "consent-O-matic" which might not be AI but takes care of the issue for you
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uBlock Origin's "annoyances" filter lists also do the job.
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Because 90% don't even do anything? It turns out it's actually one of those really annoying problems to delay cookies which were supposed to be sent already in the HTTP request response until a user interaction has happened. And on a lot of pages, non technical people embed random 3rd party resources. And these 3rd party resources might claim to use only "technically necessary" cookies, but of course that's nonsense; I'm not visiting the 3rd party.
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Agreeing to terms and contracts without reading or at least skimming them is not responsible adult behavior and should not be used as a model for legislation, no matter how many people do it. I agree that we do have a culture where private law is not taken very seriously, and that's very unfortunate.

People do not have a right (morally speaking, not legally) to access or use a service (or a website) etc without having to read/agree to the terms (applies to analog and digital).

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Terms of services and contracts are written for lawyers and not the average people.

If your terms require people to get a law degree and take a week to parse the 400 page document, then I would argue that it's a tactic to get people to sign up for the service without fully understanding it.

We need legislation that forces companies to communicate the terms in a way that an average person can comprehend.

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I'm an average person and I read them all the time. It's not usually 400 pages long. More like 3-4 pages. If a person genuinely can't understand, they should not use the service.
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How much of https://www.ycombinator.com/legal/ have you actually read?
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Try to get anything done then, there's so many places these days where you have to approve 300 page legal documents to e.g. record day care times, pick up packages and so forth. There is literally not enough time in the day. The option for me would be to not put my kid in daycare (I lose the spot if I don't put in the daycare times, and the only way to do that is a 3rd party service) and not pick up packages (have to agree to the EULA to get the app that I need to unlock the pickup locker) and dozens of other places.

We really need to stop companies from putting up these insanely complicated legal texts to use basic services when they could all be behind standard contracts.

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They're usually not that complicated. And most of them say usually almost the same things with some edits thrown here and there. E.g. compare the disclaimer of warranty/liability sections of two different EULAs. E.g. this kind of text in Apple macOS Tahoe EULA is found almost everywhere:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”

https://www.apple.com/legal/sla/docs/macOSTahoe.pdf

The same point applies to most of the text. But yes, some text is specific to the service. E.g. the same doc above says in bold:

"By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac."

I'd say that's something worth knowing if you use that OS.

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