‘Vast Scale Undue Influence’

Jamie Luguri and Lior Strahilevitz, ‘Shining a Light on Dark Patterns’, 13 Journal of Legal Analysis 43 (2021). Each time we browse the web, we are steered into making dubious contracts. A common example is digital platforms’ pressure that users click to ‘ACCEPT ALL COOKIES.’ Web designers not only make the ‘accept’ button the most eye-catching option, they often enhance the effect by having it block what users really want to view. Additionally, the disfavored behavior of rejecting some cookies is intentionally made to frustrate, frequently requiring users to navigate through several screens and choose between deliberately confusing alternatives. When users surrender to this design, they consent to sell their information to innumerable entities without reward – manipulated into donating their private data to sophisticated strangers … (more)

[Hila Keren, JOTWELL, 20 May]

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