As privacy controversies continue to absorb public attention both here and in Europe, we are hearing more and more about manipulative “dark patterns” where online services nudge people toward their preferred choices. One consumer report says these websites might be in violation of Europe’s new General Data Protection Regulation because the consent resulting from such manipulative practices is not informed and freely given.
In the U.S., Senator Mark Warner has proposed a Congressional determination that “design tricks to exploit human psychology” are unfair and deceptive practices to be prohibited by the Federal Trade Commission.
