Re: [proposals] Why would notice and consent not be adequate? (#5)

It's great that you want to learn more about the problems with notice and consent regimes. I didn't just provide a list of sources, I provided a short summary of the issue _and_ a list of sources to back that up for people who have a sincere interest in digging into the problem themselves. I'm not exactly sure what more you expect beyond a concise answer and a list of further reading.

I have to point out that it's not four of the sites hosting those sources that relies on notice regimes; it's all of them. They don't do that because it provides better privacy, they do that because they are legally required to. In many legal regimes, such as the US and the EU, it's the primary way that companies have to protect themselves against privacy claims of their users.

No one is being vilified here. James has asked the question many times and has systematically ignored the research. The comparison with climate change denialism stems from a pattern of interaction.

If _your_ question is sincere, which is my starting assumption, that's great. However, I'm not sure that I have a better plan to offer you than either to trust those of us who've done our homework in order to work on this — and found that it does not work — or to do your own reading and review of the literature, for which I have provided some pointers.

This isn't a novel problem, it's a topic that has animated the field for about fifty years now. It's the reason why newer proposed laws are moving away from it (often keeping some notice, typically a privacy policy, but replacing consent with more effective mechanisms like outright prohibitions). To take an example that I just happen to have in a nearby tab, there's [Consumer Reports' model law](https://advocacy.consumerreports.org/wp-content/uploads/2021/02/CR_Model-State-Privacy-Act_022321_vf.pdf) that has a quick section on the ineffectiveness of consent.

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Received on Thursday, 10 February 2022 04:45:47 UTC