But of course it’s impossible to convince someone of something when their livelihood depends on their not understanding it.
This is a jaw-drop moment for me every single time I observe someone else using the web and quickly clicking "accept" on every single cookie banners that pops up, without ever wasting a second even reading what they're accepting. It's mind boggling to me. Sure, I'm in IT, so surely I'm more aware of data mining, profiling, and other privacy-related aspects. But in many cases, you could just click "reject" and the banner would also disappear...
To me, having a browser setting for cookies is the only sane way to handle this, it's surprising that this was not considered from the beginning.
any sort of elevation prompt, IF I allow them to be popups or an icon in a toolbar, should always be in the same place and not cover the page.
There’s no way this would fly. “I didn’t read it” can’t possibly be an excuse to avoid being bound by an agreement. Every party to an agreement that flaunted its terms, even though they took advantage of the benefits granted by it, would invoke it as a defense, and it’s irrefutable. The system would completely fall apart if this happened.
There’s a balance that needs to be carefully managed here. Yes, fairness to consumers is important. But you can’t destroy the incentive to produce value in so doing.
When was the last time you read an entire EULA before installing software?
I'm going to guess the time frame is somewhere around "never."
These are nuisance contracts designed to jade people with legalese while stealing their rights to things like class action and enforcing binding arbitration.
Standard contracts sounds like the way to go.