Annoying consent flows aren't compliant, at least not with the GDPR. A compliant consent flow should make it as easy to accept as it is to decline, so pre-ticked checkboxes or hiding/burying the decline option doesn't comply.
Incompetent regulators that are asleep at the wheel and still haven't done anything to punish this (GDPR went into effect in 2018) are definitely a problem though.
Even if the regulators attacked more websites it wouldn't matter. You'd just have more and more websites that block European users.
You can't expect websites to give you a pop up that asks whether they can monetize your visit or not. Everyone's going to click "refuse" because ads are annoying. As a consequence your website makes no money. At that point why run the website at all?
Regulators don't want to regulate too hard, because it would ruin all the freely available websites.
> As a consequence your website makes no money. At that point why run the website at all?
Many European websites are now proposing users to either accept cookies or buy a subscription to the website. This looks like a very sane way to address the problem to me.
> You'd just have more and more websites that block European users.
Why should I care? Market changes, adapt or disappear.
> This is not the market changing, it's a law crushing a free market that already existed.
In that case, what’s the difference between a free market and a compulsory market?
If market participants must only participate by choosing to spend or to not spend, they are beholden to the economic system, and are unfree actors in the status quo “free market” economic situation.
And yet by exercising political freedom to make themselves (more) free, these unfree participants in the “free market” somehow make the market unfree, and instead of viewing that as a benefit to market participants, you view it as a loss of freedom in the status quo “free market” to the detriment of the unfree participants.
I’m not trying to put words in your mouth, just trying to understand where you’re coming from.
And those same “unfree” participants are free to legislate what websites may or may not do with information that websites collect. The websites are similarly free to not do things that are prohibited by law in a given jurisdiction, or else not offer services to users subject to that legal jurisdiction.
There was never any “free market” status quo in the absence of regulation to begin with, either in statute or in practice. There always are forces external to the market which act upon it, and some of those forces are individuals and groups of people.
To say the free market exists, did previously exist, or could one day exist, is a truth claim I don’t see the evidence to support. Advocating for a “free market” as opposed to the status quo is both an economic and a political position, and thus should address both economic and political aspects of the issue you present.
What about this would you rather be different, and how so? Or what about this would you characterize differently?
> This is not the market changing, it's a law crushing a free market that already existed.
The same could be said about outlawing slavery. Before you scream at me, let me take a step back: of course ad-tech is by far not as horribly bad as slavery. Still the practices they established in the last decades are a violation of human rights, in the european interpretation. They track and profile humans online to a level no private investigator could do offline. And we are at the beginning of what is possible: people place network active microphones and cameras in their homes or carry them around all day. Devices they no longer control, since "no root for consumers" became a security feature. Public spaces are increasingly surveilled by networked cameras, physical advertisements in public spaces and private businesses track wireless signals of nearby phones. Privatized mass surveillance became the norm in cyberspace and the same is happening in meatspace as well. And at the same time the algorithms that guess which content best manipulates individual people into buying, voting or believing something are getting better fast and are deployed at scale.
We are at a crossroads of how society will develop, and this mentality that corporations can collect and use personal data however they like (and they like to manipulate people) is no longer acceptable. And if these corporations weren't creepy enough with their systematic stalking, governments lean more and more towards also using that data. As long as the government promises it is "just for fighting crime" people are somewhat consenting, but on the territory of my country we had two totalitarian regimes in the last century that abused data gathering at scale to identify and oppress their political opposition, to terrorize and murder them. Horrors like the STASI must never happen again. Say no to surveillance capitalism while you still can, demand a constitutional right to the protection of personal data now! Because the freedom of governments and corporations must be limited, so the freedom of the people is preserved.
The market must change, it is necessary. What we want is that you can take your smartphone and tell it that it is ok if it connects to the supermarkets augmented reality and every ad-space you walk by becomes a personalized experience, if that is your choice. That is your freedom. Don't let the ad-provider of the supermarket make that choice for you. Don't let someone tell you that freedom means you could choose to not go to the supermarket and instead grow potatos in your one room flat. That is bullshit. Fuck that free market, give us free people.
> You'd just have more and more websites that block European users.
Great! It frees up space for more respectful alternatives.
However ads are universally disliked and the problems the current ad model brings (privacy, spam/scams/malware, inappropriate/illegal content, etc) are generally universal too, so it's just a matter of time before similar regulation is enacted outside of Europe too.
> because it would ruin all the freely available websites.
Laws against theft/robbery/carjacking ruin free/below-market-rate car rental websites too, yet nobody is complaining about those because society has decided that theft is bad even if it would technically open up new business opportunities that wouldn't otherwise be possible. Why should this be any different?
Incompetent regulators that are asleep at the wheel and still haven't done anything to punish this (GDPR went into effect in 2018) are definitely a problem though.