A companion piece of legislation focused on online platforms, the Digital Services Act, will impact 19 platforms, including five Google services, Meta-owned Facebook and Instagram, and Microsoft's Bing search engine
New paper by me: "Psychological Patterns and Article 5 of the AI Act" AI-Powered Deceptive Design in the #SystemArchitecture & the #UserInterface
Using various techniques of web design, collectively called dark patterns, airlines and online travel portals are manipulating air travellers into paying more than they would ideally like to.
The Department of Consumer Affairs, Government of India, in collaboration with "IIT(BHU) Varanasi", has launched the 'Dark Patterns Buster Hackathon 2023'. For further details, please visit: https://doca.gov.in/DarkPatternsBusterHackathon/ For registration: https://dpbh2023.in/registration.html
Bravo to @Datatilsynet . EDPB has voted to extend the Norwegian ban on Metas behavioural advertising without proper consent to the whole EU, and directed Ireland to implement the ban. Norwegian authority says it’s doubts Meta’s new consent or pay is legal.
Our paper "Legitimate Interest is the New Consent -- Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls" got accepted at @WPES_workshop ! This is a joint work by @vctrmrl , Fredholm, Thunberg, and myself. Here's the link
. @RichardRWhittle and I wrote about dark patterns, and our ongoing research, for @ConversationUK . Incidentally, I can't help but think the new link displays on this platform are ripe for manipulation...
These additional regulatory compliances may stagnate the growth of India’s digital economy by having an adverse effect on the ease of doing business,” [said] the Asia Internet Coalition (AIC), an industry association representing companies like Google, Amazon, Meta, Spotify
. @jagograhakjago has released draft Guidelines on the Prevention & Regulation of Dark Patterns. While a good start, there’s room to address consumer privacy and enhance feedback mechanisms. Check out our submissions
You know those annoying types of "convenience" fees that get tacked on to all sorts of products and services? Get this... The FTC has proposed a rule to ban junk fees that cost consumers tens of billions of dollars each year!
The Indian government has issued a draft statement on dark patterns
Excited to share my new article, Regulating Dark Patterns, forthcoming in @NDJICL . Key theses and summary below: 1/8 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4588652 @darkpatterns , @Aston_REACH , @AstonLawSchool , @Aston_ACE
Popular Japanese mobile apps have malicious design elements called dark patterns or deceptive user interface designs, researchers from Tokyo Tech have found. A new class of dark patterns, called 'Linguistic Dead-Ends,' of types 'Untranslation' and 'Alphabet Soup,' was also discovered.
Read @carolinesinders 's inisghtful article on why crafting a definition for #deceptivedesign is harder than it seems. She explores- Where do boundaries of exploitative design stop and bad design or poor product start? @shyamkrishnak1 @Pranava_Insti
The government has agreed to proposals that would allow Australians to opt out of targeted advertising, require search engines to "de-index" certain information about them, and draw small businesses into Australia's privacy scheme.
Recent paper in @PNASNews looking at default effects in political campaign contributions These defaults increased campaign donations by over $43 million while increasing requested refunds by almost $3 million
Browser choice screens are back on the menu. Most notably, the EU’s Digital Markets Act (DMA) will require them from 2024. New research from Mozilla shows that the the UX design of these screens is is critical in making sure they're effective:
This study aimed to explore how financial technology companies employed dark patterns to influence investors’ financial decision-making and behavior
Should protection be afforded to all online users, or only to certain vulnerable groups that are more susceptible to manipulation? Using a novel empirical design, we test the susceptibility of different groups to a range of dark patterns.
We found users are constantly juggling between privacy, utility, and convenience, affected by flawed mental models and dark patterns.
Companies that violate Americans’ privacy by seeking to monetize personal data without consent can face significant financial consequences
The increasing popularity of virtual assistants (VAs) raises concerns about deceptive design (also referred to as dark patterns), that is, design tricks to influence users into buying or engaging more, hijacking their decision-making capability.
A great illustration of privacy and 'threads' and the limitations of Apple's app privacy transparency notification requirements
My research paper wt colleagues at @sciencespo about dark patterns online has been published today. The EU’s #DigitalServicesAct contains a new prohibition against dark patterns but it is unclear how it will be applied. We provide some direction for regulators & online services.
One refreshing piece of news I read this Morning: Govt. of India is planning to bring in a legal framework for apps and sites that tricks their users by using 'UX Dark Patterns'. One popular example of a dark pattern is Making it hard for a user to unsubscribe from emails
Centre has advised online platforms to not engage in ‘unfair trade practices’ by incorporating #darkpatterns in their online interface, to manipulate consumer choice and violate #consumerrights, as enshrined in #ConsumerProtectionAct #ecommerce
New cars are creepy, privacy-invasive, and data-collecting. According to a new Mozilla report, most modern cars: - collect too much personal data - share or sell your data - give drivers little to no control over their personal data
NEW DELHI : The government has sought comments from the public on its draft guidelines for the prevention and regulation of dark patterns
From subscription traps to deceptive patterns, many businesses are exploiting a gap in Australia's consumer laws in a race to the bottom – and people are paying the price. But playing fair should be the rule, not the exception. Sign the petition to make unfair business practices illegal now.
Microsoft to stop forcing Windows 11 users into Edge in EU countries "...likely related to the EU’s Digital Markets Act, which comes into effect in March 2024."
I have a new paper out in @BPPjournal with @RichardRWhittle , Rafi Ahmed, Tom Walsh, and Martin Wessel of @B_I_Team . We relate sludge and dark patterns, and perform a sludge audit of several large online services:
If a business takes steps to hide the recurring fee at the point of purchase, then later at the point of rebilling via not sending notifications or billing emails – then why does it make sense to call the problem "absentmindedness"?
I got curious why the FTC keeps talking about “dark patterns” and so investigated. New from me for @TheInformation :
The KFTC had previously included an extensive strategy for effectively regulating ‘dark patterns,’ a form of deceptive advertising, in its annual enforcement plan. In April 2023, the KFTC further outlined the criteria for defining a dark pattern in its policy direction announcement, and pledged to actively address any activities that deviate from such criteria while fully respecting market autonomy.
In their opinion piece @Cristianapt & @arionair89 argue for the creation of a shared vocabulary around dark pattern practices.
Paper: The emergence of dark patterns as a legal concept in case law, by @Cristianapt https://policyreview.info/articles/news/emergence-of-dark-patterns-as-a-legal-concept
Over 90% of widely used apps in Japan, whether for shopping, social media or games, adopt user interfaces that lead consumers to disadvantageous choices, according to an investigation conducted by the Tokyo Institute of Technology.
A bipartisan #Senate bill to stop online platforms from tricking consumers into disclosing personal data through the use of deceptive user interfaces, commonly referred to as “dark patterns,” has been reintroduced.
As the feds take on Amazon Prime, they’re also evaluating 50-year-old rules governing recurring subscriptions, which could impact the major streamers.
Online deceptive designs (eg tricking consumers by making it difficult to cancel services) have become a real problem. Today, we've published an interim report by @AKGlenster exploring the need for better consumer protection
How Disney, Netflix, and more streaming companies are fighting FTC's 'click to cancel' proposal
Indian Government has set up a 17-member taskforce to prepare guidelines in the next two months to protect consumers against dark patterns, and has also urged Internet users to report such practices using the National Consumer Helpline.
Controversy over tactics used by some firms to target players who are on track to spend high sums
“If sellers are required to enable cancellation through a single click or action by the consumer, accidental cancellations will become much more common, as consumers will not reasonably expect to remove their recurring goods or services with just one click,” the Association of National Advertisers said in a statement.
@westernuFIMS professor Victoria L. Rubin and doctoral candidate Dominique Kelly analyze "dark patterns" — online situations easy to get into but hard to get out of — in this @ConversationCA piece.
The effectiveness of several DMA provisions will in practice depend on their impact on end user choices and the way in which the designated gatekeepers design the choice architecture
Even as regulators crack down on "dark pattern" website processes, companies are turning to artificial intelligence to make their sales methods more sophisticated, and potentially exploitative, says Brooke Masters
In a win for consumers, proposed order requires PCH to overhaul its sweepstakes entry and sales processes, stop surprise fees, and pay $18.5 million to consumers
Dozens of online stores must stop using misleading countdown timers. Following an automated check of thousands of online stores, the Netherlands Authority for Consumers and Markets (ACM) has confronted these online stores with their practices.
Disney has raised concerns about new UK laws which will require it to remind its customers about their streaming subscription every six months.
The Advertising Standards Council of India has released guidelines to tackle the issue of dark patterns in online #advertising that will cover advertising in #digitalmedia including #ecommerce, food delivery apps and websites
The government has taken a serious note of 'dark patterns' and asked e-commerce firms to create a self-regulatory framework to stop such practices, Consumer Affairs Secretary Rohit Singh on Tuesday said.
A spreadsheet on ad platform Xandr’s website revealed a massive collection of “audience segments” used to target consumers based on highly specific, sometimes intimate information and inferences.
Being observed while paying can play on desire to seem generous.
Synthesize evidence of the prevalence of dark patterns, evidence of their harms, and the legal framework addressing them. Propose a new taxonomy based on the notion of fair pattern as a way to shift from a problem-oriented to a problem-solving perspective
The research aims to analyze the privacy policies and data practices of automated mental health and mindfulness apps to assess transparency and consumer protections.
Dark patterns. Phishing. Surprise fees. The US federal government is working to address these consumer harms—and behavioral economics can help.
- @FTC & @JusticeDept took action against @Amazon for deceiving people about how it'd store the voice & geolocation data it collected through Alexa. This included telling parents that they could delete kids' voice data, but then keeping it for years.
Texas Legislature finalizes comprehensive privacy bill - The bill carries unique applicability standards and requires covered entities to honor universal opt-out signals, perform data protection assessments and establish data processing agreements.
DYK? #DarkPatterns are a type of web or app design that can be used to influence your decision making online. Don’t be fooled! The Office of Consumer Affairs can help you learn to spot dark patterns and protect yourself from them.
In addition to everything @amandamull says here, Amazon appears to have designed massive dark patterns into their return process, huge return-to-refund time spreads, and borderline fraud (chargebacks on items previously returned, etc.)
In this work, we analyzed 200 popular mobile apps in the Japanese market. We found that most apps had dark patterns, with an average of 3.9 per app. We also identified a new class of dark pattern: “Linguistic Dead-Ends” in the forms of “Untranslation” and “Alphabet Soup.” We outline the implications for design and research practice, especially for future cross-cultural research on dark patterns
Tricky interfaces in smart speakers, internet TVs, and other devices can nudge users into giving up privacy, security, and even their money
"Legitimate interest" under GDPR can be a loophole for data collection due to ambiguity and varying interpretations. This research reveals 6 deceptive patterns in privacy notices, and a mismatch with user expectations.
As the U.K. prepares to overhaul its competition regime, a fierce lobbying battle has broken out between the world’s largest tech companies and their challengers
Canada doesn't explicitly have dark pattern legislation, but a new privacy law in Quebec makes "privacy by design" the default -- users need to enable data-collecting themselves, otherwise it stays off
"According to the mystery shopping exercise, 97% of the most popular websites and apps used by EU consumers deployed at least one dark pattern and the most prevalent were (1) hidden information/false hierarchy, (2) preselection, (3) nagging, (4) difficult cancellations, and (5) forced registration."
This article identifies seventeen types of "dark patterns," manipulative design techniques used in apps and websites, and proposes a new taxonomy consistent with the Unfair Commercial Practices Directive (UCPD). Focusing on "Information Asymmetry" and "Free Choice Repression" categories, the paper offers policy recommendations to enhance the regulation of dark patterns for commercial purposes.
This paper examines whether individuals subjected to dark patterns can seek redress, using consent interactions and GDPR consent requirements as a case study through a comprehensive literature review and case law analysis by an interdisciplinary team of HCI and legal scholars.
"This report proposes a working definition of dark commercial patterns, sets out evidence of their prevalence, effectiveness and harms, and identifies possible policy and enforcement responses to assist consumer policy makers and authorities in addressing them. It also documents possible approaches that consumers and businesses may take to mitigate dark commercial patterns."
The Consumer Financial Protection Bureau detailed the findings of an inquiry into popular “buy now, pay later” programs Affirm, Afterpay, Klarna, PayPal and Zip. The CFPB identified “several areas of risk of consumer harm” and said the industry will be subject to the same oversight as credit card companies.
"In addition to a report on dark patterns, the commission made clear that gig companies shouldn't lie about how much money workers can earn."
“Our report shows how more and more companies are using digital dark patterns to trick people into buying products and giving away their personal information,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “This report—and our cases—send a clear message that these traps will not be tolerated.”
E-Commerce websites with most dark patterns found:
@SHEIN_Official, @AliExpress_EN, @amazon.
"a top European court upheld a ruling that it broke competition rules and fined it a record 4.1 billion euros, in a move that may encourage other regulators to ratchet up pressure on the U.S. giant."
A study by Public Eye and FRC shows that online platforms use a wide variety of tricks to generate sales. (Deutsche)
It is rare for expert witness reports to be released to the public, so this thread provides a treasure trove of insights.
While many are looking forward to the DSA to bring order against the use of dark patterns in online interfaces, the impact of this Regulation might be limited. The proposed ban of dark patterns will indeed only apply to the restricted category of providers of online platforms and the use of dark patterns, which are already covered under the Unfair Commercial Practice Directive (UCPD) and the General Data Protection Regulation (GDPR), will fall outside the scope of the DSA. Consequently, the DSA might not be the salvatory Regulation that many were hoping for.
Financial catastrophe is now only a few clicks away, a problem that is showing quiet signs of becoming a crisis. "I can't just get rid of my phone," one problem gambler says.
In this episode Mikhail and Colin talk about dark patterns, different types of dark patterns, how marketers can recognize them, why companies use dark patterns, how to engage less in this type of manipulation, what to do if your company requires you to implement something you consider to be unethical and more.
If you thought cookie pop-ups were an annoying nuisance, just wait until you have to scan your face for some third party to “verify your age” after California’s new design code becomes law.
"...the DMA may root out some dark patterns, but only for “gatekeeper” companies, and only in contexts where those dark patterns relate directly to the law’s other provisions [...] Ithe DSA might have had a decisive impact on the prevalence of dark patterns online. However, those hoping for a broad, aggressive approach to dark patterns may be underwhelmed..."
“Continue without care and repair” - Note how you can’t click the big “continue” unless you buy insurance.
The Consumer Policy Research Centre (CPRC) found that more than eight in 10 Australians (83%) have lost money, lost control of their data or have been manipulated by a business to make a choice that isn't in their interest.
After a user pays for Dominos Pizza (UK), they are shown a deceptive ad that looks like a "Continue" button when in fact it's a monthly subscription plan.
"There was one a man from Rizal, who wanted to cancel Adobe's free trial. He opened his account, only to find out, he'll owe thousands - if he does - tragical"
Dark patterns and the façade of decisional privacy; Attempts to regulate dark patterns globally; Legal implications of dark patterns in India.
The Federal Trade Commission has reportedly deepened its investigation into Amazon’s employment of dark patterns in the Amazon Prime subscription cancellation process. As EPIC explained in a complaint to the D.C. Attorney General last year, Amazon employs dark patterns to deter customers from canceling their Prime subscriptions.
"Because of a bug in the code somewhere, you end up showing the wrong discounted price in the cart until checkout. [...] this bug actually increases conversion. [...] The bug is now a "feature".
"So what do you want us to do, fight?"
This case study is part of a mediation effort by the LINC on the design of interfaces. It translates in the form of a fictitious service decisions made by the CNIL in order to make them clear and accessible.
This study examines Facebook's issues by analyzing leaked documents and published news articles. It outlines the dark patterns that the company has applied, and discusses how they promote toxic behavior, hate speech and disinformation.
"On the Internet, traps aim to make us click where we don't want to. The English-speaking world calls them “dark patterns” – or “rigged interfaces”. What is the difference with the nudge , which aims to guide our actions by acting on “the architecture of our choices ”? Where is the line between influence and manipulation?"
Following actions of the Netherlands Authority for Consumers and Markets (ACM), online platform Wish has banned its merchants from using fake discounts on its platform. In addition, Wish has blocked the use of personalized pricing in the EU since May 25, 2022. This has been the result of actions taken by ACM.
California Privacy Rights Act provisions that will go into effect in January will provide more control to consumers over how companies use their data.
Despite Electronic Arts’ (EA) insistence that loot boxes are not gambling, and are, in fact, “surprise mechanics,” several studies have shown there is a link between loot boxes and gambling addiction.
Heated seats, remote start key fobs, and other creature comforts are likely to be subject to monthly or annual fees
The CFPB says it’s hiring 25 technologists over the next year to help its staff of mainly economists and lawyers actually probe these new leads. The move is as sure a sign as any that the bureau’s ongoing efforts to investigate and hold tech companies accountable for financial wrongdoing are only accelerating.
"Friction isn’t always a bad thing [...] The trick is learning to differentiate good friction from bad, and to understand when and where adding good friction to your customer journey can give customers the agency and autonomy to improve choice, "
All over the world, governments are using nudges as regulatory tools. Is this ethical? Much of the answer depends on whether nudges promote or instead undermine welfare, autonomy, and dignity.