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332 points vegasbrianc | 1 comments | | HN request time: 0.207s | source
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uniqueuid ◴[] No.42144954[source]
I am kind of frustrated by the widespread misunderstandings in this thread.

Laws are best when they are abstract, so that there is no need for frequent updates and they adapt to changing realities. The European "cookie law" does not mandate cookie banners, it mandates informed consent. Companies choose to implement that as a banner.

There is no doubt that the goals set by the law are sensible. It is also not evident that losing time over privacy is so horrible. In fact, when designing a law that enhances consumer rights through informed consent, it is inevitable that this imposes additional time spent on thinking, considering and acting.

It's the whole point, folks! You cannot have an informed case-by-case decision without spending time.

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brookst ◴[] No.42146629[source]
I partly agree but feel you’ve conflated a few things:

- Laws are best when abstract. This is true. Laws work best when they cover a class of behavior, not specific behaviors.

- Requiring informed consent is good. This I disagree with with because it is a hard to measure outcome. Abstract, yes, but to the point where nobody knows what it means. The only way to meet this in spirit is to go so far overboard that nobody can ever say you didn’t try hard enough.

- Mandating that huge populations spend time to make informed case by case decisions. This is like mandating pi=3. As soon as this became the goal the whole enterprise was doomed. The only way this happens is with notaries and witnesses , which is far too heavy a burden for visiting a website.

The whole thing is noble intent, but disproportionate to the problem and not aligned with the putative goals.

Regulation can be good, and it should be abstract, but it cannot mandate abstract outcomes. Imagine if speed limit signs said “speed limit: optimized balance of reduced time to destination and net cost of carbon emissions and amortized risk of accidents”

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1. close04 ◴[] No.42147721[source]
> nobody knows what it means

The definition of consent is provided here. [0] There are clear application guidelines. To me it takes being intentionally obtuse or malicious in the interpretation when reading the text to come to the conclusion "I don't know what it means so I'll do the thing that benefits me".

Imagine blowing through a stop sign and trying to explain that you don't know what it means, the Earth is moving so you could never really be in compliance. You're not wrong but it's clear that your incompliance doesn't come from a place of honest misunderstanding.

> Mandating that huge populations spend time to make informed case by case decisions

It's mandating that the user is given the tools to provide informed consent, not that they must use them properly. If you need to know what it means, the text is clear. If not and never needed to read it, it's easy to conclude it's hard, impossible even.

[0] https://gdpr.eu/article-4-definitions/#:~:text=%E2%80%98-,co...