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Sounds a bit similar to what Google got in trouble for on Android - saying disabling OS level tracking does not mean web apps (IIRC) can not track either. Aka,

by muro 4y ago

Sounds a bit similar to what Google got in trouble for on Android - saying disabling OS level tracking does not mean web apps (IIRC) can not track either. Aka, saying search history is different enough that the control does not affect it