[xxs]

There can be a case where the end user (person), logs on the site - then sets a permission/consent to be 'tracked' (whatever), then a cookie/localstore persists - so the DNT is not relevant.

Consent/tracking doesn't mean solely 'cookie' banners.

[c4mpute]

No. Ambiguous consent is no consent. And continuing to send DNT is ambiguous, because the tracker can not distinguish between intent and accident.