←back to thread

583 points SweetSoftPillow | 1 comments | | HN request time: 0.201s | source
Show context
michaelmauderer ◴[] No.45668112[source]
The problem here is not the law, but malicious compliance by websites that don't want to give up tracking.

"Spend Five Minutes in a Menu of Legalese" is not the intended alternative to "Accept All". "Decline All" is! And this is starting to be enforced through the courts, so you're increasingly seeing the "Decline All" option right away. As it should be. https://www.techspot.com/news/108043-german-court-takes-stan...

Of course, also respecting a Do-Not-Track header and avoiding the cookie banner entirely while not tracking the user, would be even better.

replies(27): >>45668188 #>>45668227 #>>45668253 #>>45668318 #>>45668333 #>>45668375 #>>45668478 #>>45668528 #>>45668587 #>>45668695 #>>45668802 #>>45668844 #>>45669149 #>>45669369 #>>45669513 #>>45669674 #>>45670524 #>>45670593 #>>45670822 #>>45670839 #>>45671739 #>>45671750 #>>45673134 #>>45673283 #>>45674480 #>>45675431 #>>45678865 #
crazygringo ◴[] No.45668318[source]
No, the problem is 100% the law, because it was written in a way that allows this type of malicious compliance.

Laws need to be written well to achieve good outcomes. If the law allows for malicious compliance, it is a badly written law.

The sites are just trying to maximize profit, as anyone could predict. So write better laws.

replies(20): >>45668365 #>>45668389 #>>45668443 #>>45668540 #>>45668630 #>>45668809 #>>45668823 #>>45668886 #>>45669084 #>>45669675 #>>45670704 #>>45671579 #>>45672352 #>>45672518 #>>45672991 #>>45673713 #>>45674575 #>>45675918 #>>45676040 #>>45676756 #
michaelmauderer ◴[] No.45668443[source]
But the courts are saying: the law does NOT allow this.

So maybe “malicious compliance” is a misnomer. We should just call it "illegal dark pattern".

replies(4): >>45668518 #>>45668736 #>>45668841 #>>45671429 #
narag ◴[] No.45668518[source]
Lawmakers must consider enforcement. What are the practical consequences of those rulings?
replies(3): >>45668828 #>>45668951 #>>45670393 #
1. SoftTalker ◴[] No.45670393[source]
Lawmakers should have a limit on the number of laws they can write. Say it's 100. They can regulate 100 things, so they need to consider importance. If they want to regulate something new, they have to give up something else. Which one is more important?

The vast majority of laws are never enforced, so in practice this isn't as absurd as it sounds. It would make people consider what laws they spend time writing.