alt Hacker NewsThis is already illegal in the EU. The consent banners were never about cookies, they have always been about the tracking itself!
Same thing the other way: no need to have a banner for a simple login cookie which isn't being used for privacy-invading tracking purposes.
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> they have always been about the tracking itself!
Actually they are about reading from or writing to terminal equipment of user that is not done for "sole purpose of carrying out the transmission of a communication over an electronic communications network" or "strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service". Some safety-related exceptions are possible via ePD Article 15, but those need to be separately added to the local law. That's why things like functional cookies require consent as well.
Of course there is also the GDPR layer on top of this.
Yet you can’t set a cookie to remember the preference of opting out.
cloudflare (the cdn monopoly) interpretation of gdpr, is that clicking the "I'm not a bot" you are giving consent to fingerprint because they have to provide you a service you asked by clicking the button.
...it's something i hope no court will uphold. but we know what happens to european courts even looking sideways at American monopolies working as front for fiveeyes.
imo, eff should be starting trials to stress this instead of blogposts.
Yet I am constantly flagged by various pages because Cloudflare decided I had some bot running at some point on my network. And my IP is fixed. Whatever EU is doing, it doesn't work.