I think it was a sham either way (without legislation, there's really no reason for anyone to adhere to the requests, and as users we have little to no way of knowing if our requests are being fulfilled), but MS screwed the pooch here by completely violating the intent and implementation of the spec.
Sending "DNT: 1" in your request header means "please do not track me". Sending "DNT: 0" means "I don't care if you track me". Sending no DNT header (every request on a browser where the header is unsupported or a browser has not received a preference from a user) means "I have not expressed a tracking preference or do not have the ability to do so".
By having a default sent either way as MS did, it violates the semantic meaning of the header, meaning that the receiving server can't distinguish between "no preference" and "don't track"/"go ahead". It's like a pair of radio buttons: selecting neither is valid, but once you've made a selection you can't get it back to an unselected state.
I've seen this repeated a couple times and I'd like to know the reasoning on this argument. Is making DNT opt-out bad? Seems like MS would catch more flak had they made it opt-in, though I may just be misunderstanding the situation
The spec does not say DNT should be turned on by default. The spec says it has to give the users full knowledge of what turning on DNT means which IE 10 does on first run.
How is that not blackmail? You might as well say if everybody started reading the list of ingredients of food they buy and take them seriously, corporations would just start to lie and put whatever they want in there. Sure, maybe some would, but that's what jail is for.
People intentionally and knowingly reading the ingredients / turning on DNT is the correct method.
I'm struggling to find a valid food-ingredient-analogy but it would be very different from your scenario. It would have to involve Microsoft auto-scanning the ingredients without the user ever turning this feature on. Then Microsoft would have to do something with the results that hurts/disparages certain food producers. And then the food producers would stop listing ingredients in a form that Microsoft can OCR, not lie about them.
I'm not sure, but let's assume they are. Doesn't respecting do not track reduce their value even further? I'm not arguing that ad companies shouldn't respect so not track, just considering the incentives and disincentives in front of them.