Because freedom can't protect itself
Sadly DNT is not potent at all. Why? Because it lacks a compliance mechanism in the protocol. For example this browser right now is sending at DNT=1 header to your server. Not only does your server not know to look for the header, but I have no way to know if it was ever received by the server.
Secondly - third parties can inject new or different DNT values after i have made my choice. As there's no way to verify back to me what has been either sent or set i have no idea of the server is complying.
Thirdly - DNT is a recommendation not a law. And without compliance there is no potency in this spec.
Fourth - it infringes on US. Pat 8,156,206
Sending "DNT: 1" on every HTTP request message does nothing to improve privacy. It only adds another eight bytes to every request. The part of DNT that improves privacy is the recipient's willingness to turn off data collection because they believe the user has made a choice. Industry will accept that choice because angering the user is counterproductive to the whole point of advertising.
What Microsoft is suggesting is that they will make that choice for the user, which is something that the rest of industry simply won't accept (Microsoft is their competitor and is tracking the same user via other means). Hence, sending DNT by default will just result in DNT being ignored based on the browser version, which is a waste of bytes and a considerable waste of time. Microsoft's move will have the end result of denying IE users an easy way to configure "do not track" on their own.
If denying tracking is believed to be good for all users, then it should be legislated as the default for all users regardless of browser. We would then have no need to send those extra eight bytes on every request, and services that depend on high value advertising will switch to an account or consent-based system of their own design. That is, in fact, how the laws are likely to work in Europe. The targeting industry will accept this because they have no choice (aside from moving out of jurisdiction) and because it creates a level playing field, assuming our government can manage to write a law that isn't a porkenstein nightmare.
In other words, the ACLU is doing the public a poor service by congratulating Microsoft on their announcement. What you should be doing is encouraging greater cooperation with the W3C standards effort, or proposing effective legislation that would make DNT obsolete.
like the EU forced win os to have a default browser choice screen;
public needs a visible option to chose !
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