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

Chris Mufarrige, director, Bureau of Consumer Protection, FTC

FTC Consumer Protection Chief: No Easy Answers On Privacy, ‘Only Trade-Offs’

Privacy isn’t black-and-white, says the FTC’s Chris Mufarrige, promising evidence-driven consumer protection cases under the Trump administration.

How Encryption Keys Could Resolve The TID Furor

Rather than sharing universal TIDs that any DSP or curator can access, Raptive says publishers should instead share encrypted TIDs with an encryption key provided only to trusted demand-side partners.

Clear Channel Brings Mid-Flight Measurement To Its OOH Network

Clear Channel will provide advertisers weekly, mid-flight reports on outcomes driven by its inventory in order to bring OOH measurement closer to the speed of digital.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters
FTC Commissioner Mark Meador speaking at the NAD's annual conference in Washington, DC on Sept. 16, 2025. (Photo: Brian O'Doherty)

FTC Commissioner Mark Meador: ‘No Human Society Can Long Survive Without Consumer Trust’

Keeping American kids safe in what FTC Commissioner Mark Meador calls “an increasingly complex and fast-paced technological environment” is a top priority for the agency.

Comic: "Deal ID, please."

Amazon Expands Its Programmatic Integration With SiriusXM

On Tuesday, Amazon DSP announced an expanded integration with satellite radio company SiriusXM.

Rembrand merges with Spaceback

Omar Tawakol Is Merging His AI Startup Rembrand With Spaceback

Rembrand announced that it’s merging with creative automation startup Spaceback to build a unified AI-powered platform for “content-based” CTV, digital video and display.