Dark Patterns Tip Line: Name and Shame Deceptive Designs

Understanding Dark Patterns in Digital Design

The phrase “dark patterns” might be unfamiliar, yet this manipulative design practice is prevalent across the applications and online services utilized daily.

These patterns subtly influence consumers into making decisions that benefit companies, often to the detriment of the user. This can manifest as deceptive language prompting the surrender of personal information or a concealed button leading to an unwanted subscription renewal.

Reporting Dark Patterns

A new resource, Darkpatternstipline.org, hosted by Consumer Reports, now allows users to submit reports of questionable dark pattern designs.

This initiative is a collaborative effort involving the EFF, PEN America, Consumer Reports, and Access Now, alongside other advocates for digital rights.

Growing Legal Scrutiny

The collection of dark pattern reports is gaining significance due to emerging legislation targeting these manipulative practices.

California recently amended its California Consumer Privacy Act (CCPA) in March to specifically prohibit dark patterns within the technology sector. Attorney General Xavier Becerra emphasized that these changes will prevent consumer confusion when exercising their data privacy rights.

Federal Attention

Concerns regarding dark patterns have even reached the U.S. Congress.

The DETOUR Act, a bipartisan bill introduced in 2019, aimed to ban user interfaces that “obscure, subvert, or impair user autonomy” for large companies exceeding 100 million users.

Although this particular legislation stalled, manipulative design choices remain a key consideration for lawmakers as they develop new federal regulations for major technology companies.

Influencing Policy

A primary goal for the creators of the tip line is to provide regulators with valuable information to shape technology policy.

“To effectively address dark patterns online and elsewhere, we must first identify their prevalence and then leverage these examples to inform policymakers and legislators,” explains Shirin Mori, a Designer at the EFF.

The hope is that the Dark Patterns Tip Line will contribute to the development of more just, equitable, and accessible technology products and services for all users.

Ultimately, increased awareness and reporting are crucial steps toward mitigating the negative impact of these deceptive design techniques.