Tracking without your consent?

Case 128 is titled “Tracking via third-party cookies for other purposes without your consent.” I found the title to be worded in a weird way, have a broad meaning, and it technically wouldn’t be without your consent because you are agreeing to the terms and conditions. If you look through case 128 (https://edit.tosdr.org/cases/128) they mainly have the service allowing tracking through cookies from third parties for the purpose of advertising, especially to see the effectiveness of their ad campaigns. Would a better title be “Service allows tracking by third-party cookies for advertising”, have a different title, or just keep the existing one?

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“service enables third-party tracking cookies by default” (“without your consent” might have been meaning opt-out instead of -in)?

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Do you think that the case title should be changed to that? The only thing is that if we change the case title or description, we will still have all of the previous points under it and it would have to apply to them too

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I’d say so, the only material difference seems to me to be whether the cookies are explicitly for ads or not specified. Looking down that list, it seems most are about ads, but not all.

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The only thing is, I think an overwhelming majority of services that use third-party tracking cookies do it by default, unless the person is located in the EU because of their stricter privacy laws. I was looking through the cases again, and what if it was rephrased to, “Service allows third parties to use tracking cookies on you through their site”? However, this would exclude third party statistic cookies like Google Analytics because we already have a case about that: This service uses third-party cookies for statistics Thoughts?

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