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Why the FTC is inspecting dark patterns in digital data privacy and the NAI is bracing for potential regulations Ivy Liu
Online manipulation is emerging as a new front in the digital privacy battleground.
Researchers say dark patterns nuanced design elements intended to coerce people into taking certain actions can be found in the physical environment from the grocery store aisle to casinos. But they’re especially prevalent in the digital world when it comes to things like e-commerce sales tactics and data tracking opt-out notices. And regulators are taking notice.
The latest example of the heightened scrutiny around the use of dark patterns was a Federal Trade Commission workshop yesterday during which researchers called for regulation of the controversial tactics. Meanwhile, at least one digital ad trade group the Network Advertising Initiative is already gearing for a fight against any new laws or regulatio
Facebook has described the update as an attack on small businesses that rely on its advertising models â even releasing a number of television commercials on the matter â while Apple has positioned itself as a privacy savior. Neither of those narratives is exactly accurate, said Gautam Hans, an intellectual property and privacy law professor at Vanderbilt University.
âItâs more about control of the industry,â he said.
âApple is a company very focused on controlling its own products and services, and they view Facebook as undermining that.â
On Tuesday, a Wall Street Journal report showed Appleâs own ad products may benefit from the new update that disadvantages Facebook.
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