Mike, this isn't 1984-esque deliberate fascism, it's Brazil-esque incompetence. What's happening is that the government actually doesn't have any idea that there's a difference between a physical object, like illegal narcotics, and an intangible no÷morphic concept, like a domain name.
It's the same thought process that leads to copying being declared "theft": the government doesn't have a malicious intent, it just doesn't understand the laws of physics.
You can disable cookies or use tools like No Script to block most tracking efforts already.
Well, yes, I can. But I'm the type of person who reads Techdirt.
Adblock and especially NoScript are actually very user-unfriendly; people who use them already may not realize this because they're geeks. The average person would not be able to figure out how to properly protect themselves from being tracked.
If the FTC can offer an idiot-proof anti-tracking system (which is unlikely, but stranger things have happened), then by all means, let 'em go for it. The free market's open to all players, including the government.
Doesn't CC-0 work perfectly well for that? The logo and legal language is far different from the Creative Commons licenses, and, as far as I know, it definitely releases the work into the public domain.
I take issue with the argument that "all you have to do is use the tried-and-true corporate publisher business model and people will pay for it!" Tell that to System Shock 2, Psychonauts, the Freedom Force games and any other numbers of critically and player acclaimed commercial failures over the years.