No user wants informed case-by-case decisions, we want to not be tracked. Making this a question that needs to be explicitly answered was already a bastardisation of the original intent of privacy legislation. A competent legislator would've required a user agent level option (like a more advanced version of DNT) that can be set globally and overriden per site. This could be written vaguely enough to not require patching as technology changes.

And even if we wanted case-by-case consent, a standardised format and actually enforced rules against coerced consent would've also been quite easy to do.