> "Hmm, maybe someone somewhere, maybe the EU, will make a big stink that we have not asked users to let us use cookies. Sounds like a good source of publicity until finally we end the stink explaining that we use no cookies and are not required to get approval for NOT using cookies!"

The EU does not require you to ask permission to use cookies if you do not use cookies. Encouraging web developers to not use cookies, and as a consequence have no banners, is one of the positive incentives of the cookie legislation.