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Re:German court declares Do Not Track to be legally binding by fweimer on Tuesday October 31, 2023 @04:41AM (#38081782)
If the user installs a privacy-focused browser (NB: not sure if such things exist, marketing aside), one could argue that there is still user choice involved even though the browser sets DNT by default.

The original Internet Explorer situation was different because it came pre-installed with the operating system, and whether there is choice in operating systems for any given piece of consumer hardware is often rather dubious today (and was probably “no” in more cases back then).

Re:German court declares Do Not Track to be legally binding by wirrbel on Tuesday October 31, 2023 @05:05AM (#38081997)
> If the user installs a privacy-focused browser (NB: not sure if such things exist, marketing aside), one could argue that there is still user choice involved even though the browser sets DNT by default.

it doesn't need to be argued as the fact that the user did not disable the DNT option in such a browser is the action that matters.