Cookies was a simple concept that politicians could glom on to and legislate around, but, yes, they're quite unimportant in the grand scale of things. In the end, you've got two things to work with: Things you can convince the browser to actively identify itself with, and the things you can track regardless. Cookies are in the first category, but they are not alone. You can get things as simple as presenting an entir…
That still falls into the EU Cookie definition in the law. [0] If a website is doing this regardless of the user choosing not to allow cookies, it's committing a violation in the eyes of the law (in the EU at least).