On May 5, 2022, I participated in the California Privacy Protection Agency’s (CPPA) stakeholder meeting, making a public statement about “dark patterns” which I urged them to redefine as “harmful patterns,” and suggested changes to their definitions of “Consent” and “Intentional Action.”
As Jared Spool says, we should be looking at the UX outcome of design decisions, not just the intent, as many designers adopt strategies or work with underlying technologies whose outcomes can be harmful to the technology user and other stakeholders. These UI patterns may not have the intent to do harm. Often the designers’ intent is to provide convenience or a useful service.
Take accessibility overlays that intend to provide a better experience for people with visual or cognitive disabilities but have the effect of overriding necessary controls. Even patterns that affect user behavior, like staying on a page longer, clicking on a link, accepting default cookie settings, etc. may be intended to provide convenience to users, but unknowingly to both the designer and the user, there are processes underlying many of these tools that share data and information about the transaction that can be harmful.
CPRA is defining what it means to consent to data collection and what an intentional user action is. It addresses “dark patterns” as an intentional deception, when often the digital harm is not intentional, yet is deep-rooted. We are hoping to make these harms clearer and provide guidelines for addressing them through our ISL Safe Software Specification.
Read more about the CPPA stakeholder meeting and my statement on behalf of the Internet Safety Labs (formerly the Me2B Alliance):