The only use I know for captive portals is EULAs, and I'm not sure those ever had legal weight (though obviously IANAL).
But honestly they were starting to be outdated (technologically) even before this. Since a lot of popular sites use HTTPS, I usually have to try and think of a non-HTTP site before I can get through. They're just a nuisance at this point.
This is not to defend Google's actions as "altruistic" in any way. But sometimes Google's interests and the public's do align.
What? You use them to log in with some criteria more than just a username/password. For example CableWifi hotspots that let you log in with TWC, Optimum, or others.
The problem there is that captive portals don't add any extra link-layer security. The network is open, so literally anyone can sniff packets.
It's uncommon, but a network using WPA2-Enterprise and user/pass uses different keys for each person (not sure if per device or per user), so you don't have to trust everyone in the room.
It's the router that connects to the RADIUS server, not the device directly. And some routers have one embedded, so you don't even need to configure that, it "just works".
I think WPA3 is going to support this use case.
It would be identical with 802.1X. The only difference in the UI flow is that the authentication prompt is generated by the OS, not on some HTTP page that I only remember about when I wonder why my VPN isn't coming-up.
So what is the proper technology today for limited guest Wi-Fi access?
If it's authenticated, you should be using WPA-Enterprise anyway, which supports different logins, and actually isolates the traffic between clients, whereas those "portals" don't, allowing any other user to sniff your traffic.
How do you implement them properly when the user has to agree to certain terms to connect?
That's what has happened before, that's what's just going to happen again. In Germany, the owner of a WiFi hotspot was liable for anything users on the WiFi did, unless the owner could prove that every user had signed an agreement that they would not do illegal stuff
http://neverssl.com/ is built for that problem; it's what I use
But hopefully, many captive portals will just die off.