In the early days of the web, content was designed and hosted by a single person, group, or organization. No longer. Webpages are increasingly composed of content from myriad unrelated "third-party" websites in the business of advertising, analytics, social networking, and more. Thirdparty services have tremendous value: they support free content and facilitate web innovation. But third-party services come at a privacy cost: researchers, civil society organizations, and policymakers have increasingly called attention to how third parties can track a user's browsing activities across websites. This paper surveys the current policy debate surrounding third-party web tracking and explains the relevant technology. It also presents the FourthParty web measurement platform and studies we have conducted with it. Our aim is to inform researchers with essential background and tools for contributing to public understanding and policy debates about web tracking.
Dark patterns are user interface design choices that benefit an online service by coercing, steering, or deceiving users into making unintended and potentially harmful decisions. We present automated techniques that enable experts to identify dark patterns on a large set of websites. Using these techniques, we study shopping websites, which often use dark patterns to influence users into making more purchases or disclosing more information than they would otherwise. Analyzing ∼53K product pages from ∼11K shopping websites, we discover 1,818 dark pattern instances, together representing 15 types and 7 broader categories. We examine these dark patterns for deceptive practices, and find 183 websites that engage in such practices. We also uncover 22 third-party entities that offer dark patterns as a turnkey solution. Finally, we develop a taxonomy of dark pattern characteristics that describes the underlying influence of the dark patterns and their potential harm on user decision-making. Based on our findings, we make recommendations for stakeholders including researchers and regulators to study, mitigate, and minimize the use of these patterns.
Since 2013, a stream of disclosures has prompted reconsideration of surveillance law and policy. One of the most controversial principles, both in the United States and abroad, is that communications metadata receives substantially less protection than communications content. Several nations currently collect telephone metadata in bulk, including on their own citizens. In this paper, we attempt to shed light on the privacy properties of telephone metadata. Using a crowdsourcing methodology, we demonstrate that telephone metadata is densely interconnected, can trivially be reidentified, and can be used to draw sensitive inferences.C ommunications privacy law, in the United States and many other nations, draws a distinction between "content" and "metadata" (1). The former category reflects the substance of an electronic communication; the latter includes all other information about the communication, such as parties, time, and duration (2).* When a government agency compels disclosure of content, the agency must usually comply with extensive substantive and procedural safeguards. Demands for metadata, by contrast, are often left to the near-total discretion of authorities. In the United States, for instance, a law enforcement officer can request telephone calling records with merely a subpoena-essentially a formal letter from the investigating agency (3). An intelligence program by the National Security Agency (NSA) has drawn particular criticism; under the business records provision of the USA PATRIOT Act (4), the agency acquired a substantial share of all domestic telephone metadata (5). † In this paper, we empirically investigate factual assumptions that undergird policies of differential treatment for content and metadata. Using crowdsourced telephone logs and social networking information, we find that telephone metadata is densely interconnected, susceptible to reidentification, and enables highly sensitive inferences. ‡ The balance of the paper is organized into three parts. First, we discuss our data collection methodology and properties of our participant population. We next present our results. Finally, we discuss implications for policy and future quantitative social science research. Additional methodological detail and figures are available in the Supporting Information. MethodsWe collected the data in this study through an Android smartphone application ( Fig. 1). § Potential participants could discover the project through academic websites, the Google Play store, and references in media coverage. The application automatically retrieved historical call and text message [Short Message Service (SMS)] metadata from device logs. { In addition, the application retrieved information from a participant's Facebook account, to be used as ground truth for potential inferences. # Participants were provided an opportunity to view individualized features of their phone metadata, and then they were invited to uninstall the application. In total, 823 participants volunteered their metadata, which included 251,7...
There is a rapidly growing literature on dark patterns, user interface designs-typically related to shopping or privacy-that researchers deem problematic. Recent work has been predominantly descriptive, documenting and categorizing objectionable user interfaces.These contributions have been invaluable in highlighting specific designs for researchers and policymakers. But the current literature lacks a conceptual foundation: What makes a user interface a dark pattern? Why are certain designs problematic for users or society?We review recent work on dark patterns and demonstrate that the literature does not reflect a singular concern or consistent definition, but rather, a set of thematically related considerations. Drawing from scholarship in psychology, economics, ethics, philosophy, and law, we articulate a set of normative perspectives for analyzing dark patterns and their effects on individuals and society. We then show how future research on dark patterns can go beyond subjective criticism of user interface designs and apply empirical methods grounded in normative perspectives.
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