Google has been doing the same with reCAPTCHA v2 [1]. They are aware of the legal risk of outright blocking users from accessing services, so reCAPTCHA v3 contains no user facing UI, Google merely makes a suggestion in the form of a user score, so the responsibility to delay or block access and the legal liability that comes with it falls on websites. reCAPTCHA v2 is superseded by v3 because it presents a broader opp…
> If you'll refuse to transmit personal data to Google, websites will hinder or block your access.
I wonder how true this really is. 20% or so of web users have ad blockers, and most ad blockers block scripts like Google Analytics out of the box. It isn't hard to see that most of them will not make exceptions for a new Google tracking script. So any site that does any kind of testing at all is going to see that ~15% or so of their users drop off if they block users who don't have a reCaptcha v3 score. The only sane business decision in response to this is to go with some alternative.
(Of course, there will be some sites that continue to block users, it's just that they will mostly be the sites that already block users running ad blockers.)