Earlier quoted context omitted.
It should be opt-in but ... hey. It's something.
May as well forbid it outright at that point. (They should. Everybody deserves protection from this, even the people who don't understand the threat it poses. The uninformed, ignorant or naive all deserve protection, since preying on ignorance or naivety is generally considered abhorrent by anybody who's not totally morally defective.)
I was wondering about that point myself. I am thinking that they may not have the authority to create such law, so they still allow ISPs the ability to track but make it as restrictive as possible.