[Ads-l] Legal phrase: dark patterns

ADSGarson O'Toole adsgarsonotoole at GMAIL.COM
Tue Apr 26 19:57:33 UTC 2022

Jesse Sheidlower wrote:
> I don't think of this as a legal phrase; it's a UX term,
> generally agreed to have been coined in August 2010 by
> Harry Brignull. Here's his own essay on the subject, from 2011:
> https://alistapart.com/article/dark-patterns-deception-vs.-honesty-in-ui-design/
> There's been a hell of a lot written on dark patterns in the last few years.

Thanks for your response, Jesse. Excellent point; "dark patterns"
began as a user interface design term. My message just meant to
suggest that the phrase is now becoming a legally defined term with
important ramifications to anyone who operates a website which uses
cookies or gathers information.

Website: HuschBlackwell
Article: How do the CPRA, CPA & VCDPA treat dark patterns?
Authors: David Stauss & Stacey Weber
Date: March 16, 2022

CPRA is California Privacy Rights Act

[Begin excerpt]
The CPRA builds on that work by including dark patterns in the CPRA’s
new definition of consent, stating "agreement obtained through use of
dark patterns does not constitute consent." The law defines "dark
patterns” as “a user interface designed or manipulated with the
substantial effect of subverting or impairing user autonomy, decision
making, or choice, as further defined by regulation."
[End excerpt]


The American Dialect Society - http://www.americandialect.org

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