I think you're misunderstanding what the poster was talking about. You're taking "the popups we see today were never recommended nor required by the original regs" to mean that the popups have become something that wasn't intended by the regulation (but the regulation did require popups).

I think that the poster was saying that the popups themselves as a concept were never recommended nor required by the regulations.

> but the regulation did require popups

Yeah I guess the word "require" has a few interpretations. The regulation didn't explicitly require popups, it required user consent IFF a company wants to collect/process/sell data the company doesn't need, but the intent was that companies would not do this, with consent being the exception, and the mechanism of consent was neither prescribed nor a focus: it certainly wasn't annoying popups per reg.

The regularion required informed consent. Nobody ever said it has to be done with popups. This is what people ended up doing afterwards.

Only when deceptive patterns became clear the EU made clear that allowing one simple "ok" option and a million convoluted ways to say "no" is not resulting in informed consent.

Wheter you us a popup or hide it in a menu with the default of not tracking does not matter.