Home Platforms A New Bill Could Make It Illegal For Online Platforms To Exploit Users With ‘Dark Patterns’

A New Bill Could Make It Illegal For Online Platforms To Exploit Users With ‘Dark Patterns’

SHARE:

Sens. Mark Warner, D-VA, and Deb Fischer, R-NE, introduced a bipartisan bill on Tuesday that would prohibit large internet companies like Google and Facebook from using deceptive design practices known as “dark patterns” that subtly manipulate users into sharing their personal data.

Click here to read the bill in full.

Dark patterns enable companies to easily collect information they wouldn’t necessarily be able to get if they were being on the level, the bill argues. A misleading prompt, for example, or an unclear opt in allows a company to gain access to information without users knowing the extent of what they’ve given up.

(A bit of trivia: There’s a dark pattern named after Mr. Mark Zuckerberg himself called “privacy Zuckering” and refers to practices that deceive people into sharing more information about themselves than they intend to.)

The Deceptive Experience To Online Users Reduction (DETOUR) Act – someone needs to be commended for that acronym – would apply to online platforms with 100 million or more active users and create a standards body that would work with the Federal Trade Commission on user design best practices for the large tech platforms.

The law also looks to outlaw segmenting consumers for the purposes of behavioral or psychological experiments without informed consent, which could have an impact on how companies approach user experience testing.

User interfaces designed to create compulsive use among children 13 and under would also be banned under the law.

“Our goal is simple: to instill a little transparency in what remains a very opaque market and ensure that consumers are able to make more informed choices about how and when to share their personal information,” Warner said in a statement.

Informed consent is also a key tenet of the General Data Protection Regulation in Europe. Consent under GDPR has to be valid, freely given, specific and active or it won’t fly.

The challenge there is that companies, in an effort to be as transparent as possible, don’t want to bombard their users with too much information and cause notification fatigue. On the other hand – and this is where dark patterns come in – it’s just as problematic to be generic or vague.

Speaking of vague, it’s been almost exactly one year to the day since Mark Zuckerberg’s first appearance before Congress, when he told lawmakers that looking back, the “big mistake” Facebook made was “viewing our responsibility as just building tools rather than viewing our whole responsibility as being whether those tools are used for good.”

The DETOUR Act won’t be the last bill to come out of Warner’s office. In the coming weeks, he plans to introduce additional legislation related to transparency, privacy and accountability on social media.

Must Read

Omnicom Investors Cheer IPG Sell-Off, Despite Weak Ad Spend In Q2

Omnicom is halfway through a major sell-off of IPG agencies. Its future looks healthier as it prunes lower-growth firms, including eliminating certain specialist firms and overlapping agencies in certain countries.

Hundreds of emails, depositions and other documents have been unsealed in the lead-up to the Google antitrust trial, providing a fascinating look at how Google talked about its own products when no one else was watching – especially tools to counteract the rise of header bidding.

Why PubMatic Ditched Its Prebid Web Wrapper, But Never Its SDK

Earlier this month, PubMatic shelved its Prebid integration wrapper, known as OpenWrap Web, and announced it would begin recommending Playwire as an offloading-onboarding partner for the 250-odd publishers that use its wrapper.

Gareth Glaser, Co-Founder & CEO, Gamera

Google’s Buyer Direct Could Beat Agentic Ad Tech At Its Own Game

Agentic AI shows promise for direct deals. But if Google has its way, Buyer Direct could put an end to all sorts of agentic direct sales opportunities while they’re still in the cradle.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

How Warner Bros. Discovery Is Creating Value Out Of Dead Air With Pause Ads

Streaming publishers are banking on pause ads to bolster revenue with a more user-friendly ad experience. With programmatic standardization still pending, Warner Bros. Discovery is taking a stab at advancing the capabilities behind its own pause ad formats.

Peacock Hits Profitability As Comcast Prepares To Spin Off NBCU

Peacock hit what Comcast Co-CEO Mike Cavanagh called “meaningful profitability” for the first time in Q2, just as Comcast decided to let it leave the nest. 

Comic: It's Coming For You

Programmatic Platforms Champion Transparency, But Not If It Means Giving Activists Access

A DSP refused to give ad industry watchdog Check My Ads a seat on its platform, even after both parties cosigned a master service agreement, citing concerns about “protections” for “vendor and supply partners.”