Re: "opt-out was probably the best choice"
This is a very late reply as I was on vacation, but...
"the definition of "identify" there is somewhat subtle, isn't it?"
I mean "identify" as in "determine the identity of the user", not just "fingerprint the user". Researchers have repeatedly shown this is a trivial thing to do given just a small amount of non-PII data about someone. You don't have to be Facebook or Google to do it, you just have to be able to afford access to to the data, and that's only a question of money. A couple thousand dollars and the use of free data-mining software and you are home free.