If you want to not be tracked you require a random/different IP and a browser fingerprint that blends with the crowd.
As generations that understand this tech implicitly come to power, things will change. To someone that does everything digitally the meaning of these words will be quite different than the currently accepted interpretation:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Or just use NoScript.
From May on sites have to offer yes/no, they may only track you if you choose yes, and if you choose no they may not ask again, and may not refuse access either.
Which is what was originally intended all this time, and which all good websites offered anyway.
Alternatively, the legal definition of tracking cookie can differ from the technical definition of cookie. It wouldn't be the first time...!
Cookie to say "has clicked no"? okay.
Login cookie? okay.
Cookie to track the user? not okay.
Local storage to track the user? not okay.
Tracking the user based on magic? not okay.
Would something like that work?
(Edit: Ah, apparently this sort of thing is already allowed, according to comments I didn't read before writing this. Sensible legislators.)
How stupid is that? Privacy at the expense of security?
JS is also used for things that are doable with CSS or even HTML only. This isn't the first time.
My tin-foil hat persona suspects it's yet another way to force me to disable the various script and ad-blockers in the guise of protecting users for privacy concerns. But my more realistic side assumes this is just laziness.