> the heuristic for whether you need the banner is essentially: is the user deriving the benefit, or just the operator?
This is just as bogus as the user vs developer distinction in copyleft world.
Of course users benefit from the operator knowing if their design decisions are actually on the right track.
how does the user browsing the site right now benefit from activity tracking?
the specific user right now, not a hypothetical user at some point in the future (if the business continues to exist)
answer: they don't