It's funny how the KISSMetrics guy thinks (thought?) he was doing absolutely nothing wrong. Let's go out to the internet-using public and ask random people, "Do you mind of KISSMetrics tracks you across the web, even if you have cookies turned off?"
Alas, it seems in this case the only people who are aware of KISSMetrics' wrongdoing are security researchers (i.e., curious nerds), lawyers and some journalists. Perhaps if the general public knew, there would be a law.