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If Congress legislates they aren't going to be prescribing UI design in the text of the bill. They will give the FTC rulemaking authority and they'll be the cop

If Congress legislates they aren't going to be prescribing UI design in the text of the bill. They will give the FTC rulemaking authority and they'll be the cop on the beat that digs into the weeds.

dvtrn 7y ago
To be fair that isn’t much better in my view, given the FCC’s own behavior recently with dark patterns and public commentary on policy changes that the agency itself promulgated and “requested” public input on Furthermore I’m not even sure if I agree that regulating UI patterns of web application even falls or should fall to the delegated powers of the FCC; this agency primarily concerns itself with interconnected communications systems like the Public Telephone Switching Network, not social networking sites. We have a consumer financial protection bureau, if a solution should exist at the Federal level, I’d be far less dubious of a bureau that follows a similar framework as the CFPB to establish guidelines and frameworks for handling user data and disseminating data to the user respectively.
- Despegar 7y ago
  The DETOUR Act empowers the FTC to do this, not the FCC. The FTC already has the responsibility of policing "unfair or deceptive acts or practices" and this is an extension of that. The bill is 13 pages long. There are affordances for small businesses, this bill would only apply to "large online services" with 100 million users or more within a 30 day period. It seems to be a very thoughtfully written piece of legislation. https://www.scribd.com/document/405606873/Detour-Act-Final https://www.scribd.com/document/405606873/Detour-Act-Final
  - dvtrn 7y ago
    Ope I misread your agency there. Sorry about that. Taking a gander at your link before responding further. Edit: Alright I’ve read the first half, because I’m at lunch and would like to take the time this evening to really sit and pour over it: I concur with your assessment. This does seem to be well designed and thought out policy, and I could see myself actively supporting it versus my previous position of “no Federal involvement”. Point, humbly conceded. Thank you for the point of view change.

If Congress legislates they aren't going to be prescribing UI design in the text of the bill. They will give the FTC rulemaking authority and they'll be the cop on the beat that digs into the weeds.

dvtrn 7y ago

To be fair that isn’t much better in my view, given the FCC’s own behavior recently with dark patterns and public commentary on policy changes that the agency itself promulgated and “requested” public input on Furthermore I’m not even sure if I agree that regulating UI patterns of web application even falls or should fall to the delegated powers of the FCC; this agency primarily concerns itself with interconnected communications systems like the Public Telephone Switching Network, not social networking sites. We have a consumer financial protection bureau, if a solution should exist at the Federal level, I’d be far less dubious of a bureau that follows a similar framework as the CFPB to establish guidelines and frameworks for handling user data and disseminating data to the user respectively.

Despegar 7y ago
The DETOUR Act empowers the FTC to do this, not the FCC. The FTC already has the responsibility of policing "unfair or deceptive acts or practices" and this is an extension of that. The bill is 13 pages long. There are affordances for small businesses, this bill would only apply to "large online services" with 100 million users or more within a 30 day period. It seems to be a very thoughtfully written piece of legislation. https://www.scribd.com/document/405606873/Detour-Act-Final https://www.scribd.com/document/405606873/Detour-Act-Final
- dvtrn 7y ago
  Ope I misread your agency there. Sorry about that. Taking a gander at your link before responding further. Edit: Alright I’ve read the first half, because I’m at lunch and would like to take the time this evening to really sit and pour over it: I concur with your assessment. This does seem to be well designed and thought out policy, and I could see myself actively supporting it versus my previous position of “no Federal involvement”. Point, humbly conceded. Thank you for the point of view change.