If you were an author (of any sort) could you claim that the transmissions of your material (text) that are under copyright were circumvented (DMCA) via a permacookie under your "moral rights" as an author to publish anonymously?
It may or may not work depending on the legal status of, among other things, the HTTP standards, but could you claim copyright on transmitted HTTP requests, at least if they contained sufficiently interesting contents?
If you could, then presumably one would have to say that ISPs have implied license to transmit those (implicitly) copyrighted requests to a third party, namely, the server. However, that implied license would presumably not allow the ISP to transmit a derived work to the third party, i.e., the original request augmented with the tracking header.
To argue this one would have to argue that the entire request, headers and all was copyrightable, but I suppose if one did something creative with the headers it could work; e.g., using the HTTP headers as a kind of poem. But of course there's ways to have creative content in something without it being art, just as long as the other side couldn't argue that the headers couldn't be copyrighted because the usual ones are largely predetermined by the standards.
Basically this is just the same idea you had, except instead of invoking the moral right to anonymity, it's invoking the easier-to-digest moral right to the content itself.
I'd say this was all baloney, but the DMCA is so ridiculously broad that it just might work. Of course, this is all pretending that the DMCA is meant to apply to corporations and not just us small folk.