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The government can't possibly put out perfect legislation in every area, no. But it's ridiculous to assume that everything is inherently corrupted and that ther
by GavinMcG 5y ago
The government can't possibly put out perfect legislation in every area, no. But it's ridiculous to assume that everything is inherently corrupted and that there's never any hope. I mean, sure, if every member of Congress is shady on web policy but shares your views on more important issues, then web policy falls behind. But that's just your cynicism speaking - you've got no reason to think that web policy is automatically lacking support.
The other fault in your model is that Congress actually delegates the vast amount of lawmaking to administrative agencies, who are equipped to deal with the less important issues. The FTC, the CFPB, or the FCC could all credibly claim some authority over dark pattern regulation, though I don't know enough admin law to know who would be most appropriate. Agency rulemaking isn't a perfect process either, but it doesn't have the concentrated power problem you're describing and it deals with tons of lower-priority topics. Go read the Federal Register: https://www.federalregister.gov/ https://www.federalregister.gov/
- roenxi 5y agoThere are 10s of voters, maybe low hundreds, to whom web policy is important enough to change their votes. There is never going to be any accountability for the policy on dark web patterns. > The other fault in your model is that Congress actually delegates the vast amount of lawmaking to administrative agencies, who are equipped to deal with the less important issues. Those bodies typically end up full of industry insiders who lock out new entrants and promote the status quo. They aren't going to stop dark patterns, it is more likely they'll want everyone to have a license before starting a website (which is the obvious enforcement method).
- GavinMcG 5y agoIf your cynicism were correct SOPA and PIPA would be law. They aren't.
- roenxi 5y agoI don't think it is reasonable to cite 2 successful attempts at fighting off legislation in favour of passing more legislation/the integrity of the legislative system. That is an argument in favour of less regulation - so far 2 attempts have been so bad as to produce mass outcry. That is exactly the sort of corrupting force that will gather to any power that gets gathered to the regulators in the name of pushing back on 'dark patterns'. It isn't a case of 'of this is too hard', it is pointing out that you're implicitly advocating the creation of a point of failure for these people to attack in an arena where they have an advantage.