If you made a website and you said "To view the private content on my website, you have to either pay me, or sign a name, any name you wish, in my guestbook" what business is it of the government to say "No, this random person refuses to pay or sign the book, but Thom, you have to let them see all your articles anyway."
Note that I used "sign any name" as the metaphor, not "show ID," since it is trivial to not allow any important information exchange if you simply delete the cookies yourself, which is easy to configure a browser to do. The end-user has the choice, if it's so important to them, to configure their browser. Even Chrome can be configured for which sites to allow cookies, which to disallow, and which to clear when the browser closes (the smart choice, since accepting them and throwing them away soon after is the undetectable option that accomplishes your main aim).
You simply will have to go out of business.
This is also why you see many large companies fighting for more regulation. It's harder for a competitor to emerge if they have to navigate mountains of red tape.
I simply will have to go out of business.
This is the part I don't understand. I'm actually all for regulations like being able to demand they delete the saved data they have on you, restrictions on transferring data to the control of third parties without disclosure/permission, etc.
But if your definition of "privacy" extends to not wanting cookies to work like they were designed to, why can't it be your responsibility to use a browser (a User-Agent) that carries out your intentions?
With services that are mandatory for all of us to use (e.g. government), I can see how being stringent makes sense because the users have no choice. But I can't understand applying the same burdensome requirements to things that people can simply choose to use or not use, such as a restaurant or some random guy's blog. I could be convinced that large platforms (tough to define properly, but things like Amazon, Uber or Meta) may be subjected to additional rules, but the tough rules being applied to even tiny one-person startups does nothing but advantage the giant platforms who have hundreds of lawyers and can devote entire dev teams to building complicated compliance features.
Sorry that you need the government to "help" people in this way, by forcing other people to give them free things.
Simple, easy tools are already there, such as the Clear Browsing Data menu item in Chrome, Edge, and Safari. For more complicated intents, the browser settings are no more complicated to navigate than the actual customization UI in the CMPs, anyway.
Clearing browser data is anything but easy for people who aren't certain what is "browser data". Is this going to delete all my google sheets? Those are in the browser. And it's not a bad question, some apps actually use IndexedDB or whatever to store user data.
> Drivers are forced to take lessons and get licensed for the precise reason that we know people can't take the responsibility on their own.
Ok, I see what you mean here, but I'd argue that the licensing requirement is only acceptable because the risk is both grave and impossible to limit to just yourself.
We don't require a license or training to use a table saw at home even though table saws are also dangerous unless used very wisely. That's because the risk is mainly limited to the user and at worst, someone who chooses to be nearby that table saw.
To bring it back to my point, I'm not discussing the licensing part, I'm saying rather that we don't make excuses for people who refuse to learn the rules of the road, or how to safely use a table saw, and we don't say that it's the job of wood manufacturers to somehow secure the table saws of ignorant DIYers. The responsibility is on the user of the car, the table saw, or the browser. If the user chooses to never learn the basic operation of their tool, they might get hurt. And if we do have to regulate something, we should regulate the saw, and give it clearly-labeled safety features. Not regulate all pieces of wood.
And in my opinion, the 'danger' from cookies is so trivial compared to any real dangers (mainly the danger of seeing ads that are "too good"), that I am not convinced anyone needs to be protected from it by a third party.
Not any notable apps used by noobs though. Unsophisticated users don't include Local Storage in their mental model - they simply believe that "When I log into Gmail, Google Docs, or Slack on a fresh computer, my stuff will be as I left it on my other computer." Webapps which subvert this by not persisting things outside of Local Storage would be taking wild and unnecessary data-loss risks with user data.
> people who aren't certain what is "browser data".
This I agree with you on. Everyone including EU legislators are trying to regulate something that none of them actually know or agree on what it even is.
The common person has basically only one single concern that relates to cookies: They don't like retargeting ads. That's it, that's the whole beef. They feel offended that by some mysterious (to them) means, they see ads 'around the Web' for things they've browsed before. Of course, those ads exist because they're incredibly effective. But they are annoyed that it, in their opinion, manipulates them into spending money. These ads are "too good."
This is a technical problem with a technical solution, and if the EU (and US) regulators weren't technically illiterate they would recognize this and issue clear requirements aimed at browsers[1] instead of the stupid ones we have today which are basically just rely on the honor system, meaning compliance will be patchy at best, and it relies on costly enforcement actions and complaints, is subject to litigation, and has so many gray areas - "If the CMP didn't work right and cookies were stored, is MY company liable? We tried!").
There is a second concern, but it has little to do with cookies, it's just that we ideally want to stop companies from keeping and exchanging dossiers on our behavior and preferences (and a dispute on whether anonymized data is ok, or whether it's unethical because if detailed enough it can be deanonymized). That is bigger than cookies, and applies just as much to offline companies.
[1] Here's an imaginary scheme, just for example:
1. Segment cookies storage by the domain in the address bar - the same way the memory/disk cache works today. This is really functionally the same as turning off third-party cookies, but if anything "needs" them, this sandboxing would nerf it so that a Facebook Like Button on a webpage can't be aware of a facebook session you created on a different domain.
2. Big switch in the browser's UI that defaults to "Temporary" - if you leave it alone, all cookies and storage are evicted 2 hours after last tab is closed, or you switch it to "Permanent" (preference stored per top domain) to have the current behavior where expiry can be longer.
Regardless of the specifics, a browser-side solution would solve the problems of "compliance" as it pertains to cookies and other client-side tracking (they can't abuse data the browser simply won't persist for them), and level the playing field between the tech giants and upstart competitors.
More: "To view the private content on my website, you have to either pay me, or let more businesses connect the dots between this content and the rest of your internet browsing habits, than there were students and teachers combined in your high school."
Yes, it is technically possible to fake this content, or to auto-delete it.
But https://xkcd.com/2501/ applies. "It's easy to forget that the average person probably only knows the privacy settings for Safari and one or two Chromium derivatives."
(Real world user familiarity with software is much, much worse; this is an old survey now, but look at the chart near the bottom: https://www.nngroup.com/articles/computer-skill-levels/)
But still, let's say I agree that there's even an important problem to be solved.
We can (A) regulate the browser to dumb this down for these ignorant people, and have the problem guaranteed solved, or (B) we can burden every single company that operates a website, and rely on enforcement since otherwise it's all honor-system.
The EU and so far multiple US states, have chosen the stupid option B.
However the UK does have its own GDPR regulation (see: <https://www.gov.uk/data-protection>), though my understanding is that it may be less strict in requiring equivalence between "accept" and "reject" actions. (I may be wrong on this.)
UK sites accessed from the EU would have to be under EU GDPR compliance.