[Ads-l] Legal phrase: dark patterns

Jonathan Lighter wuxxmupp2000 at GMAIL.COM
Tue Apr 26 23:31:07 UTC 2022

See the pretty bonkers "The Hidden Persuaders," by Vance Packard (1958).

Not to say that Packard's theme - that anything of corporate origin you
look it as loaded with sneaky images to zombify you - hasn't been taken up
in practice by later generations.

You might also try Packard's sequel, "The Clam-Plate Orgy," which purports
to show what's really going on among your fried clams.

Additional reading: Merriam's def of "pareidolia."


On Tue, Apr 26, 2022 at 3:57 PM ADSGarson O'Toole <adsgarsonotoole at gmail.com>

> 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
> https://www.bytebacklaw.com/2022/03/how-do-the-cpra-cpa-and-vcdpa-treat-dark-patterns/
> 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]
> Garson
> ------------------------------------------------------------
> The American Dialect Society - http://www.americandialect.org

"If the truth is half as bad as I think it is, you can't handle the truth."

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