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Unless Google associates your anonymous browsing data from incognito mode, with your regular browsing data from regular mode, I don't see a case here. And I really doubt they do that, it would be such a clear and egregious violation of the reasonable expectation of privacy.

The other possible complaint could be that websites still can collect information on user behavior on the website, even if it is more anonymous in incognito mode. This is expressly what incognito mode says on the tin. You can use it to avoid saving your weird porn history locally, but not prevent websites from knowing what anonymous visitors are doing on their website. If the average consumer isn't tech-savvy enough to get this distinction, I'm not sure what Google could do besides putting this explicit warning in every new tab.

Summary: seems like this case will go nowhere, but still makes for soundbitey headlines and gives people an excuse to rehash their usual gripes that "my data is the next oil"

(IIUC, most ad targeting is still based on you explicitly searching for something you want to buy and ads matching those keywords, or retargeting from a website you've already visited but abandoned your shopping cart at, not some all-knowing profile of your deepest wants and desires).

Disclaimer: I work at Google but nowhere near the Analytics or Ads teams.



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