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If the regulation has unworkable enforcement system, the regulation is to blame. E.g. that while around 2% want to be tracked while the majority is tracked is clearly a catastrophic failure in the design of the regulation.

For the case of nags, something like a legally mandated respect of DNT would have solved the problem, at least on the UI level. Instead now it's a cat and mouse game with dark patterns obviously against the spirit of the law, where some Irish judge bends over backwards to find loopholes.



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