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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. 

The contemporary Google Search Engine Results Page (SERP) supplements classic blue hyperlinks with complex components. These components produce tensions between searchers, 3rd-party websites, and Google itself over clicks and attention. In this study, we examine 12 SERP components from two categories: (1) extracted results (e.g., featured-snippets) and (2) Google Services (e.g., shopping-ads) to determine their effect on peoples’ behavior. We measure behavior with two variables: (1) click- through rate (CTR) to Google’s own domains versus 3rd-party domains and (2) time spent on the SERP. We apply causal inference methods to an ecologically valid trace dataset comprising 477,485 SERPs from 1,756 participants. We find that multiple components substantially increase CTR to Google domains, while others decrease CTR and increase time on the SERP. These findings may inform efforts to regulate the design of powerful intermediary platforms like Google. 

Internet-of-Things (IoT) devices are ubiquitous, but little attention has been paid to how they may incorporate dark patterns despite consumer protections and privacy concerns arising from their unique access to intimate spaces and always-on capabilities. This paper conducts a systematic investigation of dark patterns in 57 popular, diverse smart home devices. We update manual interaction and annotation methods for the IoT context, then analyze dark pattern frequency across device types, manufacturers, and interaction modalities. We find that dark patterns are pervasive in IoT experiences, but manifest in diverse ways across device traits. Speakers, doorbells, and camera devices contain the most dark patterns, with manufacturers of such devices (Amazon and Google) having the most dark patterns compared to other vendors. We investigate how this distribution impacts the potential for consumer exposure to dark patterns, discuss broader implications for key stakeholders like designers and regulators, and identify opportunities for future dark patterns study. 

Dark patterns are user interface elements that can influence a person's behavior against their intentions or best interests. Prior work identified these patterns in websites and mobile apps, but little is known about how the design of platforms might impact dark pattern manifestations and related human vulnerabilities. In this paper, we conduct a comparative study of mobile application, mobile browser, and web browser versions of 105 popular services to investigate variations in dark patterns across modalities. We perform manual tests, identify dark patterns in each service, and examine how they persist or differ by modality. Our findings show that while services can employ some dark patterns equally across modalities, many dark patterns vary between platforms, and that these differences saddle people with inconsistent experiences of autonomy, privacy, and control. We conclude by discussing broader implications for policymakers and practitioners, and provide suggestions for furthering dark patterns research.