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What Facebook acquired from their users was "expressed consent", which is notoriously easy to get using dark UI patterns. But the technical community has been u
by groestl 9y ago
What Facebook acquired from their users was "expressed consent", which is notoriously easy to get using dark UI patterns. But the technical community has been using "informed consent" in their definition of malware for a while now, and it is highly questionable if dark UI patterns and "informed consent" are compatible concepts.
The legal system (at least in US and EU) needs to catch up to this, but it does. In the EU, the GDPR [0] will require "freely given, specific, informed and unambiguous indication of the data subject", which is a lot more than Facebook's claim of having "permission". We will see how judges interpret that.
[0] https://www.eugdpr.org/ https://www.eugdpr.org/
- pbalau 9y agoWhat the fuck is a "dark ui pattern"? //edit: I googled it.
- soziawa 9y ago> What Facebook acquired from their users was "expressed consent" I'm not so sure about that, but that's what courts are for.
- vanderZwan 9y agoI think that was groestl's point: there is what it literally says on paper, and there is the question of whether users can reasonably be expected to understand this.
- soziawa 9y agoI don't think it was even clear on paper. It never said store forever or even store.
- vanderZwan 9y ago> We will see how judges interpret that. Judges are getting more tech-savvy, and I think lawyers are also getting better at explaining the deceit. There is hope, the question is how long it will take at this point.