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As I’m reading S4c2c it looks like this would be prohibited. https://www.congress.gov/bill/116th-congress/senate-bill/2658/text#id0aa97dfb408149ec8473e59feaf89

As I’m reading S4c2c it looks like this would be prohibited. https://www.congress.gov/bill/116th-congress/senate-bill/2658/text#id0aa97dfb408149ec8473e59feaf890c8 https://www.congress.gov/bill/116th-congress/senate-bill/265...

klyrs 6y ago
That's certainly the intent, but as it's written, (by my lay-reading) it appears that the burden of proof would rest upon a single change, and not a sequence of changes -- any one may be innocuous, but their sum may not be. And where a single actor may not run afoul, I can imagine a conspiracy of big players making changes which collectively burden smaller players. I would greatly prefer a consortium or better, an independent standards body.
- munfred 6y ago
  Having professional standards bodies for interfaces has actually been proposed - in another bill! S.1084 - DETOUR Act, introduced 2019-04-09. Full text (only 1800 words!): https://www.congress.gov/bill/116th-congress/senate-bill/1084/text https://www.congress.gov/bill/116th-congress/senate-bill/108... It was written to get rid of dark patterns and deceptive interfaces. The official summary says: "To prohibit the usage of exploitative and deceptive practices by large online operators and to promote consumer welfare in the use of behavioral research by such providers." In my reading, the DETOUR act says that large online operators (defined as services with more than 100M monthly active users anywhere, not just in the US) may not use misleading interfaces or unclear wording to mislead the user. It also says that they can only conduct behavioral experiments (e.g. A/B testing) if they have an independent review board registered with the FTC and have informed consent from the users as well as routine disclosure to the public of experiments being done. Finally it says that online large operators may form professional standards bodies, and that those bodies should develop on a continuing basis guidances and bright line rules for developing their technology products in a way that does not impair user autonomy or induce compulsive behavior in children.

klyrs 6y ago

That's certainly the intent, but as it's written, (by my lay-reading) it appears that the burden of proof would rest upon a single change, and not a sequence of changes -- any one may be innocuous, but their sum may not be. And where a single actor may not run afoul, I can imagine a conspiracy of big players making changes which collectively burden smaller players. I would greatly prefer a consortium or better, an independent standards body.

munfred 6y ago
Having professional standards bodies for interfaces has actually been proposed - in another bill! S.1084 - DETOUR Act, introduced 2019-04-09. Full text (only 1800 words!): https://www.congress.gov/bill/116th-congress/senate-bill/1084/text https://www.congress.gov/bill/116th-congress/senate-bill/108... It was written to get rid of dark patterns and deceptive interfaces. The official summary says: "To prohibit the usage of exploitative and deceptive practices by large online operators and to promote consumer welfare in the use of behavioral research by such providers." In my reading, the DETOUR act says that large online operators (defined as services with more than 100M monthly active users anywhere, not just in the US) may not use misleading interfaces or unclear wording to mislead the user. It also says that they can only conduct behavioral experiments (e.g. A/B testing) if they have an independent review board registered with the FTC and have informed consent from the users as well as routine disclosure to the public of experiments being done. Finally it says that online large operators may form professional standards bodies, and that those bodies should develop on a continuing basis guidances and bright line rules for developing their technology products in a way that does not impair user autonomy or induce compulsive behavior in children.