[Ads-l] Legal phrase: dark patterns

[Pearl Shavzin-Dremeaux]

 In UX there's actually been a shift to using the phrase "deceptive design."

>From the end of "What are deceptive design patterns?" a Mozilla blog post
from May 2021:

A note on words
>

> You may notice we use “deceptive design patterns” rather than “dark
> patterns” throughout this article. While the latter is commonly used and
> has been for years, the phrase also reinforces the idea that being “dark”
> is “bad,” which is directly tied to white supremacy. In line with our
> anti-racist commitments, we are moving away from using exclusionary
> language, including metaphorical language that ties to white supremacy. We
> are instead choosing more factual terminology as other companies are doing
> as well.
>

(Link:
https://blog.mozilla.org/en/internet-culture/mozilla-explains/deceptive-design-patterns/
)

Another example: Deceptive Design (https://www.deceptive.design/) has the
page title "Deceptive Design – formerly darkpatterns.org."

Thinking as a content designer*, I also know "deceptive design" is also
seen as a more useful UX choice because it's more descriptive and less
abstract.

...But I estimate it'll be about 10 years before it shows up in legal
discourse, because law. ¯\_(ツ)_/¯


Pearl

------
*content designer: someone who uses UX and metalinguistic practices for
writing and sharing information



------------------------------
>
> Date:    Tue, 26 Apr 2022 19:31:07 -0400
> From:    Jonathan Lighter <wuxxmupp2000 at GMAIL.COM>
> Subject: Re: Legal phrase: dark patterns
>
> 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."
>
> JL
>
>
>
> On Tue, Apr 26, 2022 at 3:57 PM ADSGarson O'Toole <
> adsgarsonotoole at gmail.com>
> wrote:
>

> 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
>
>
>
>

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