[a5aAqU]

> The entire lawsuit revolves around the idea that incognito ("private") browsing somehow implies that users aren't tracked at all, despite a clear, front-and-center warning that they still might be whenever you use it, purely based on the name alone.

One problem is that Google's Incognito Mode says this:

> You’ve gone Incognito ... Your activity might still be visible to: Websites you visit, Your employer or school, Your internet service provider

It isn't some ambiguous "websites" that are tracking you in Incognito Mode, Google is tracking you on those websites (Google Analytics, etc.) and providing some of that data to the website owners. Users don't understand how the Internet works, and it's misleading for Google to imply that it's only someone else that is doing the tracking.