I just used the WebChoices "opt-out". And my guess is that the judge has no idea how it works.
1. It tracks your browser, it "scans" your browser so it knows which browser not to track. A catch 22 that, im sure the judge was unaware of.
2. 1/2 of the opt-outs where unavailable, meaning that they did not receive my request. Meaning that they will continue to track me unless I keep coming back and trying to send them my information.
3. Of those company's that did not receive my request, one was facebook. Whose "opt-out" is "currently unavailable".
My guess is that on appeal they will get a trial.