I think this is just a really hard one to solve....
Cookie restrictions basically amounted to an additional clause in terms and conditions, the thing we're disingenuously treating as a contract.
Realistically no one reads them, not even lawyers. That is the expectation they we re written under. If people actually read before accepting, they would be 250 characters long. Very few services would put up with that much of a roadblock to signing up. Do you really think apple would tolerate an average iPhone sitting unopened for months while the user has the "contract" sitting on their todo pile along with mortgage refinancing and insurance paperwork?
It makes a mockery of the whole thing, reductio ad absurdum for the whole concept of consent...with side effects.
The dynamic this has created is one where the "contract's" job is to reserve all rights that can legally be reserved. There is no trade-off, no reason not to reserve any right. It's just silly to treat these as agreements.
The idea with unbundling is to break this dynamic. Encourage some semblance of informed consent where the user is party to these decisions.
Giving users an all or nothing proposition is a part of the problem. along with the insane levels of user engagement in legal boilerplate that would be required for the system to actually work the way we're pretending it does.
That said, I think it won't work. We'll probably have a more complex version of the current system. Services will still have an incentive to obscure... and turn consent into a click-without-readung-or-fuck-off nag screen. They may just need 4seperate ones now.
Cookie restrictions basically amounted to an additional clause in terms and conditions, the thing we're disingenuously treating as a contract.
Realistically no one reads them, not even lawyers. That is the expectation they we re written under. If people actually read before accepting, they would be 250 characters long. Very few services would put up with that much of a roadblock to signing up. Do you really think apple would tolerate an average iPhone sitting unopened for months while the user has the "contract" sitting on their todo pile along with mortgage refinancing and insurance paperwork?
It makes a mockery of the whole thing, reductio ad absurdum for the whole concept of consent...with side effects.
The dynamic this has created is one where the "contract's" job is to reserve all rights that can legally be reserved. There is no trade-off, no reason not to reserve any right. It's just silly to treat these as agreements.
The idea with unbundling is to break this dynamic. Encourage some semblance of informed consent where the user is party to these decisions.
Giving users an all or nothing proposition is a part of the problem. along with the insane levels of user engagement in legal boilerplate that would be required for the system to actually work the way we're pretending it does.
That said, I think it won't work. We'll probably have a more complex version of the current system. Services will still have an incentive to obscure... and turn consent into a click-without-readung-or-fuck-off nag screen. They may just need 4seperate ones now.