I think it can still be fixed by stipulating: if the browser sends you an X-Privacy header with some well defined content then you are not allowed to show a popup and you should use the content of that header instead. The exact content of that header needs to be fleshed out but should offer a lot of customisation to keep 90% of the people happy. I'm sure mod builders and browser makers would come up with a convenient way to set that header just once and then the problem would go away.
The only thing that works is having your user-agent mercilessly chop the survelliance shit out of web pages. Don't evaluate it, don't render it. Because thw websites will forever be hostile to your interests while they can enrich themselves by datamining you.
Voluntary self-regulation doesn't work on greedy assholes who don't care how much of the web they make unusable as long as they get an extra 0.0003¢ per page view.
It's also pretty coarse. I may want to allow a site I like to collect analytics to help them out, I may even want a search engine to keep track of my behaviour to give me better results. Just an on/off, where IE has set the default to off, was never going to work.
Many websites becomes huge apps for no reason, e-mails abuse HTML and are usually unreadable in plain/text, etc. It's not even clear to me if that makes those websites more successful or if it is just cargo cult ("we have to look modern like the others").
But users mostly don't give a shit and won't support those who e.g. don't track them and therefore don't show the cookie popup.
I don't see a way to solve this, though...