If HTML5's battery API ever became a thing, this issue could be solved without any user interaction.
The reason is simple: whatever cruft the site decides to only serve to high-end users is the cruft I'm very much not interested in seeing.
And because I'm definitely not alone in this thinking, those APIs will be failures for anything other than getting additional bits for tracking and profiling people.
So, yeah, relying on advertisers to not piss off users is a bit much given their business model relies on interrupting your attention.
More like: "Is this user's battery below 50% and discharging? If not, he'll probably not even notice this."