Google is intentionally using the loophole. They are intentionally circumventing users’ wishes. That’s nefarious. It’s first and foremost a moral failing. That’s exactly the problem. Just because it’s possible doesn’t mean it’s right.
That the loophole exists is a separate issue that also has to be remedied – but it doesn’t make Google’s behavior any less evil.
Google is intentionally using the loophole. They are intentionally circumventing users’ wishes. That’s nefarious. It’s first and foremost a moral failing. That’s exactly the problem. Just because it’s possible doesn’t mean it’s right.
That the loophole exists is a separate issue that also has to be remedied – but it doesn’t make Google’s behavior any less evil.