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Learn about dark patterns, fair patterns and much more

Willing to dig further on dark patterns? Here are curated resources, including hundreds of publications we analyzed in our R&D Lab, conferences, webinars and job opportunities to fight dark patterns.

Lujain Ibrahim, Luc Rocher and Ana Valdivia

The adoption of AI applications has increased user interactions through advanced interfaces, which significantly shape user behavior and perceptions. However, evaluations of AI systems often overlook the impact of anthropomorphic, deceptive, and immersive interfaces. The new conceptual model, Design-Enhanced Control of AI systems (DECAI), addresses this gap by using principles from control systems theory to assess AI interface designs. DECAI reveals the broader impacts of interface design, as demonstrated in a case study on conversational language models, and highlights the importance of fairness, transparency, and trust in AI interactions.
New Jersey has enacted Bill 332, becoming the 14th state to have a comprehensive state privacy law. The law, effective from January 2025, applies to controllers conducting business in New Jersey or targeting New Jersey residents. It includes obligations for controllers such as data minimization, privacy notice requirements (including a reasonably accessible, clear, and meaningful privacy notice), obtaining consumer consent for sensitive data, and implementing data security practices. The law also introduces a universal opt-out mechanism for targeted advertising or data "sale" and standard consumer rights.
The New York governor proposed a Buy Now Pay Later legislation, introducing a licensing requirement, limiting charges, and requiring an ability-to-repay analysis for BNPL products. The legislation also prohibits confessions of judgment, misleading advertisements, and excessive penalties or fees. It mandates clear disclosure of terms, costs, and the refund process for goods or services purchased with a BNPL loan.
Maryland's legislature is considering a bill, the Maryland Kids Code, that would prohibit companies from spying on minors and using their data for targeted ads or online manipulation. It mandates privacy by design and default for online products and services accessed by children and teens under 18. If passed, companies would be prohibited from profiling children for personalized ads and would be required to enable the highest privacy settings by default. The bill also defines and prohibits the use of dark patterns and other unfair, abusive, or deceptive trade practices.
The Illinois House of Representatives is considering a new privacy law prohibiting dark patterns. The law defines consent as a clear, freely given, specific, informed, and unambiguous act, and explicitly states that consent does not include agreements obtained through dark patterns or deceptive design patterns. Dark patterns are defined as UI designs that substantially subvert or impair user autonomy, decision-making, or choice.

Indian Consumer Protection Agency controlling “quick commerce” company claims

The Indian Central Consumer Protection Authority (CCPA) is requiring “quick commerce” companies to provide evidence for their claims of delivering orders within "10 minutes or less." This affects companies like Blinkit, Swiggy, Instamart, Zepto, and Big Basket. The companies are required to share their median delivery times in major cities and, if they can't substantiate their claims, they must modify their advertisements to be accurate.

The European Data Protection Board (EDPB) issued an opinion on the "Pay or Okay" subscription model by Instagram and Facebook, emphasizing that personal data should not be a tradable commodity. The EDPB criticized the binary choice of the model and recommended an 'equivalent alternative' for users, such as a free account with less or no personal data processing for advertising. The EDPB stated that existing'pay or ok' models could only be valid if they comply with all requirements for consent, including free consent, clear information, and avoidance of dark patterns. The board concluded that most large online platforms would not be able to comply with these requirements.
The Reserve Bank of India (RBI) has introduced draft guidelines for Lending Service Providers (LSPs), web-aggregators of loan products. The guidelines aim to promote transparency and consumer protection, requiring LSPs to digitally display all loan offers, maintain a consistent approach to determining lenders' willingness to offer loans, provide a Key Facts Statement for each lender, and ensure unbiased content display without using dark patterns. Feedback on the draft guidelines is invited until May 31, 2024.

Leah Zhang-Kennedy, Maxwell Keleher and Michaela Valiquette

Through semi-structured interviews with 23 design practitioners, this study investigates perceptions regarding the use of "privacy dark patterns." It explores designers' sense of responsibility towards user privacy and their interpretations of peers' design choices. One key finding is the normalization of common privacy interfaces, deemed reasonable by some participants. The study identifies factors influencing privacy design practices, including adherence to conventions, legal compliance, usability standards, perceived benefits, and considerations of privacy harm. These insights shed light on the multifaceted dynamics shaping designers' decisions in privacy design.
Earlier this month, California introduced Assembly Bill 2863, proposing amendments to the state's Automatic Renewal Law (ARL). If passed, the amendments would impose stricter requirements on disclosures, consent, and cancellation processes. Businesses would be mandated to obtain a consumer's affirmative consent separately from other contract terms for any automatic renewal or continuous service offer, and keep records of this consent for at least three years, or one year after contract termination. The amendments would also prohibit businesses from employing dark patterns in contracts and misrepresenting material facts related to the transaction or the underlying goods or services.

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