Does this lawsuit have any merit? Chrome says that “other people who use this device won’t see your activity” and “your activity might still be visible to websites that you visit” right when you start Incognito mode.
I think we'd all be worse off if sites could detect privacy-related features like that.
Making implicit promises binds your whole company, not just one division.
Chrome and other browsers don't give a way for websites to detect it (at least not intentionally).