Now that you say "combined with an asserted DNT bit" I can see where your confusion comes from. Incognito mode doesn't imply DNT. But I can see many non-technic

Now that you say "combined with an asserted DNT bit" I can see where your confusion comes from. Incognito mode doesn't imply DNT. But I can see many non-technical users (as well as technical users who purposefully muddy the waters) equating Incognito mode with the DNT bit, and equating the DNT bit to be a legally binding request to the website not to track them.