
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.
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.
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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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.
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