The bullshit web is something I rail against at length myself and Nick Heer's article sums up a lot of my own thoughts.
Violations of users’ intent are nothing new. Ad tech companies like Criteo and AdRoll created workarounds specifically to track Safari users without their explicit consent; Google was penalized by the FTC for ignoring Safari users’ preferences. These techniques are arrogant and unethical. If a user has set their browser preferences to make tracking difficult or impossible, that decision should be respected. Likewise, if a browser has preferences that are not favourable to tracking, it is not the prerogative of ad tech companies to ignore or work around those defaults.
Well, quite. In my opinion this sort of thing qualifies as hacking. It could even fall under the UK's Computer Misuse Act under Section 3. I'd argue they are trying to impair the operation of my computer, specifically its browser, and they certainly aren't authorised by me to do that.
I don't care if a website rejects me if I don't accept them tracking me, but I want to know. I don't want them to let me in and then track me by subverting my browser preferences without my knowledge. Just give me a clear choice. And no, putting up the standard sort of cookie confirmation or privacy agreement is not a clear choice.
As I said in a previous article, the default way in which I should enter any site should be with only (truly) essential cookies active and none of those should have anything to do with tracking or advertising. If I access a site without any intervention, that's the way it should be. If a site won't accept me on that basis it should intervene and tell me clearly that I can only continue if I allow it to track me. Give me the choice. They won't, though, because they probably figure that would scare me away (and they're right in a lot of cases).
I don't mind sites advertising to me or even tracking me (to a certain degree, anyway) and there are many I would give approval to. The thing is, I want complete, clear, up-front knowledge that I'm doing so.
The only way we'll achieve any control over this sort of thing is via legislation, and not the sort of half-arsed thinking that gave us cookie confirmation pop-ups.