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AI Safety & AlignmentAI Regulation & PolicyFortune AIPublished: Sep 13, 2026, 01:00 JST2 min read

Mark Penn: Five fixes to save a billion and a half hours

Mark Penn: Five fixes to save a billion and a half hours

3 Key Points

  1. What happened

    In a Fortune commentary, Mark Penn argues the web's cookie banners, CAPTCHAs, passcodes and endless terms waste a billion and a half hours, and proposes five fixes — including one universal consent dashboard.

  2. Why it matters

    Penn says internet clutter came from lawyers and politicians defending against lawsuits and fines, not user demand. Now that ChatGPT and Claude are in daily life, he warns the same legal reflexes could spread to chatbots.

  3. What to watch

    The fixes — a universal consent dashboard, biometric passkeys, autofill AI plugins and plain-English summaries — hinge on whether lawyers and regulators accept them. Penn says it could all change 'a few lawyers and one class action case away.'

WHO IT HITSThis lands on product and legal teams at consumer internet and AI companies, who would have to redesign consent flows, authentication and terms of service. It also matters to regulators weighing privacy and liability rules for AI chatbots.

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Context & Analysis

Penn's argument is that the digital friction we endure — consent banners, multi-step logins, CAPTCHAs, mandatory registrations and sprawling terms — was not designed for users. It accumulated as companies responded defensively to lawsuits, fines and a growing pile of privacy and security regulations. Because each company solved the problem on its own, the result is a patchwork of buttons and banners replicated across every site and app.

He points to Apple's passkeys as an example of a better path, and imagines an AI plugin that fills in forms automatically. He also proposes an independent rating system for terms and conditions, reasoning that average people cannot give meaningful consent to documents they cannot read. Underlying these ideas are real concerns about tracking, security and legal liability, which he acknowledges.

The stakes hinge on whether lawyers and regulators accept simpler alternatives, or whether the same defensive habits follow AI assistants into everyday use. Penn's warning is that without intervention, the clutter could spread to ChatGPT and Claude, turning simple questions into sign-in screens and liability waivers.

FAQ
What five fixes does Mark Penn propose?
He suggests one universal consent dashboard per device, a move to full biometric passkeys instead of passcodes, extending passkeys to CAPTCHA checks, an AI plugin that autofills account forms, and plain-English summaries of terms — possibly with an independent group rating them from 'go ahead' to 'don't even think about signing.'
Why does Penn think AI could make the problem worse?
He notes ChatGPT and Claude currently don't waste your time with sign-ins and terms, but warns that 'a few lawyers and one class action case away' could change that, with chatbots demanding sign-in, terms and liability waivers before answering simple questions.

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