I think there’s a third way that is more promising and has a future: improving the Web.
It’s a bit of a painful slog, but those ducks are lining up and we should seek ambitious progress here.
The legal option is difficult because regulators will hesitate to go after small, struggling publishers who, as you point out, don’t have the resources to do that right but are often the worst offenders.
But law & enforcement can be tied to technical capabilities when existing.