"Well if the cookie comes from a third party it implicitly allows tracking."

Yes, because this makes tracking possible you have to gather consent first, regardless if tracking actually happens. Very bad solution, they could just define how data can be legally used, instead of also overreaching by defining how data can be legally transmitted.

1. Making tracking impossible/illegal would NOT kill cookie banners, since you need them to record consent for other purposes as well, such as embedding a video from a third party like YouTube.

2. The GDPR explicitly prohibits site-owners from making cookie banners misleading. The law is already there, it is just not very well enforced.

3. "This results in up to 90% of people saying “YES” – even though only around 3% actually want to be tracked online" This claim is grabbed out of thin air and can be dismissed as such.

4. "The solution: automatically communicate your privacy preference" This is nonsense because it does not actually solve anything, because you need to record consent for a variety of purposes, not just analytics/tracking.

5. Killing tracking would kill the value of ads (since they are not targeted anymore), resulting in a reduced ability for small businesses to advertise and a hugely increased amount of ad spam everywhere. Few targeted ads > Many untargeted ads

Unless you want an internet where advertising is no longer possible, this solves nothing apart from stroking a few activists ego.

My argument is that it is either okay or not, regardless of the tools used.