If the issue is on the collection side, what technical mechanism does Google have for identifying incognito traffic? There's already a game of whack-a-mole being played because news sites are detecting if you're in incognito mode, but that's in JS, so the access logs were already collected, and the the hacks for detecting incognito are slowly getting fixed, so it's not a viable solution.
DNT is a header, but it's a preference and not legally binding.
The only thing Google did that was "wrong" is that incognito gave uses the impression that they weren't being tracked externally, when in reality the only thing it does is not save your history and start with no cookies.
What you're saying only serves to support the argument that the tracking is wrong in the first place, IMO. Google doesn't have a right to follow everyone around the web and flex their muscle just because they can. Since they have a monopoly and nobody is even close to challenging them, someone needs to step in and regulate them.
DNT is a header, but it's a preference and not legally binding.
The only thing Google did that was "wrong" is that incognito gave uses the impression that they weren't being tracked externally, when in reality the only thing it does is not save your history and start with no cookies.