Incognito mode is about not saving data or browser history to your computer. Sites can still identify you if you login or even just from your IP. It's not meant to make you anonymous. This is a common misconception which is why these modes show a big warning explaination when you enable them.
>they'd go to prison
That's for the courts to decide. The Facebook and Instagram apps may have already gotten consent from the user to share this information.
I don't understand your defense of Instagram. It's not even a very good defense. The fact that Facebook removed the code as soon as they were caught means they also think they would be in serious trouble.
Unauthorized use of a computer is broadly illegal in many jurisdictions, including the USA federally. In Europe, misinformed consent is not consent. "Authorization" generally refers to a reasonable person's expectation of giving consent, and does not refer to any technical property such as Android permissions.
Incognito mode is about not saving data or browser history to your computer. Sites can still identify you if you login or even just from your IP. It's not meant to make you anonymous. This is a common misconception which is why these modes show a big warning explaination when you enable them.
>they'd go to prison
That's for the courts to decide. The Facebook and Instagram apps may have already gotten consent from the user to share this information.