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1. An Ontology of Dark Patterns Knowledge: Foundations, Definitions, and a Pathway for Shared Knowledge-Building

   https://doi.org/10.1145/3613904.3642436  

   Gray, Colin M.; Santos, Cristiana Teixeira; Bielova, Nataliia; Mildner, Thomas (May 2024, CHI '24: Proceedings of the CHI Conference on Human Factors in Computing Systems)

   Deceptive and coercive design practices are increasingly used by companies to extract profit, harvest data, and limit consumer choice. Dark patterns represent the most common contemporary amalgamation of these problematic practices, connecting designers, technologists, scholars, regulators, and legal professionals in transdisciplinary dialogue. However, a lack of universally accepted definitions across the academic, legislative, practitioner, and regulatory space has likely limited the impact that scholarship on dark patterns might have in supporting sanctions and evolved design practices. In this paper, we seek to support the development of a shared language of dark patterns, harmonizing ten existing regulatory and academic taxonomies of dark patterns and proposing a three-level ontology with standardized definitions for 64 synthesized dark pattern types across low-, meso-, and high-level patterns. We illustrate how this ontology can support translational research and regulatory action, including transdisciplinary pathways to extend our initial types through new empirical work across application and technology domains. 

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2. Mobilizing Research and Regulatory Action on Dark Patterns and Deceptive Design Practices

   https://doi.org/10.1145/3613905.3636310  

   Gray, Colin M.; Gunawan, Johanna T.; Schäfer, René; Bielova, Nataliia; Sanchez Chamorro, Lorena; Seaborn, Katie; Mildner, Thomas; Sandhaus, Hauke (May 2024, CHI EA '24: Extended Abstracts of the CHI Conference on Human Factors in Computing Systems)

   Deceptive, manipulative, and coercive practices are deeply embedded in our digital experiences, impacting our ability to make informed choices and undermining our agency and autonomy. These design practices—collectively known as “dark patterns” or “deceptive patterns”—are increasingly under legal scrutiny and sanctions, largely due to the efforts of human-computer interaction scholars that have conducted pioneering research relating to dark patterns types, definitions, and harms. In this workshop, we continue building this scholarly community with a focus on organizing for action. Our aims include: (i) building capacity around specific research questions relating to methodologies for detection; (ii) characterization of harms; and (iii) creating effective countermeasures. Through the outcomes of the workshop, we will connect our scholarship to the legal, design, and regulatory communities to inform further legislative and legal action. 

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3. Dark Patterns and the Emerging Threats of Deceptive Design Practices

   https://doi.org/10.1145/3544549.3583173  

   Gray, Colin M.; Santos, Cristiana Teixeira; Tong, Nicole; Mildner, Thomas; Rossi, Arianna; Gunawan, Johanna T.; Sinders, Caroline (April 2023, Extended Abstracts of the 2023 CHI Conference on Human Factors in Computing Systems (CHI EA ’23))

   Growth hacking, particularly within the spectre of surveillance capitalism, has led to the widespread use of deceptive, manipulative, and coercive design techniques in the last decade. These challenges exist at the intersection of many diferent technology professions that are rapidly evolving and “shapeshifting” their design practices to confront emerging regulation. A wide range of scholars have increasingly addressed these challenges through the label “dark patterns,” describing the content of deceptive and coercive design practices, the ubiquity of these patterns in contemporary digital systems, and the impact of emerging regulatory and legislative action on the presence of dark patterns. Building on this convergent and trans-disciplinary research area, the aims of this SIG are to: 1) Provide an opportunity for researchers and practitioners to address methodologies for detecting, characterizing, and regulating dark patterns; 2) Identify opportunities for additional empirical work to characterize and demonstrate harms related to dark patterns; and 3) Aid in convergence among HCI, design, computational, regulatory, and legal perspectives on dark patterns. These goals will enable an internationally-diverse, engaged, and impactful research community to address the threats of dark patterns on digital systems. 

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4. Two Worlds Apart! Closing the Gap between Regulating EU Consent and User Studies

   Bielova, Nataliia; Santos, Cristiana; Gray, Colin M. (May 2024, Harvard Journal of Law & Technology)

   The EU ePrivacy Directive requires consent before using cookies or other tracking technologies, while the EU General Data Protection Regulation (“GDPR”) sets high-level and principle-based requirements for such consent to be valid. However, the translation of such requirements into concrete design interfaces for consent banners is far from straightforward. This situation has given rise to the use of manipulative tactics in user experience (“UX”), commonly known as dark patterns, which influence users’ decision-making and may violate the GDPR requirements for valid consent. To address this problem, EU regulators aim to interpret GDPR requirements and to limit the design space of consent banners within their guidelines. Academic researchers from various disciplines address the same problem by performing user studies to evaluate the impact of design and dark patterns on users’ decision making. Regrettably, the guidelines and user studies rarely impact each other. In this Essay, we collected and analyzed seventeen official guidelines issued by EU regulators and the EU Data Protection Board (“EDPB”), as well as eleven consent-focused empirical user studies which we thoroughly studied from a User Interface (“UI”) design perspective. We identified numerous gaps between consent banner designs recommended by regulators and those evaluated in user studies. By doing so, we contribute to both the regulatory discourse and future user studies. We pinpoint EU regulatory inconsistencies and provide actionable recommendations for regulators. For academic scholars, we synthesize insights on design elements discussed by regulators requiring further user study evaluations. Finally, we recommend that EDPB and EU regulators, alongside usability, Human-Computer Interaction (“HCI”), and design researchers, engage in transdisciplinary dialogue in order to close the gap between EU guidelines and user studies. 

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5. Dark Patterns and Disloyal Design

   Gunawan, Johanna; Hartzog, Woodrow; Richards, Neil; Choffnes, David; Wilson, Christo (June 2025, Indiana Law Journal)

   Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them. In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack a clear value anchor for cases to build upon. Second, legal definitions of dark patterns overfocus on individuals and atomistic choices, ignoring de minimis aggregate harms and the societal implications of manipulation at scale. Finally, the law has struggled to articulate workable legal thresholds for wrongful dark patterns. To better regulate the designs called dark patterns, lawmakers need a better conceptual framing that bridges the gap between design theory and the law’s need for clarity, flexibility, and compatibility with existing frameworks. We argue that wrongful self-dealing is at the heart of what most consider to be “dark” about certain design patterns. Taking advantage of design affordances to the detriment of a vulnerable party is disloyal. To that end, we propose disloyal design as a regulatory framing for dark patterns. In drawing from established frameworks that prohibit wrongful self-dealing, we hope to provide more clarity and consistency for regulators, industry, and users. Disloyal design will fit better into legal frameworks and better rally public support for ensuring that the most popular tools in society are built to prioritize human values. 

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