Circumvention by design - dark patterns in cookie consent for online news outlets

Soe, Than Htut; Nordberg, Oda Elise; Guribye, Frode; Slavkovik, Marija

doi:10.1145/3419249.3420132

Cited by 67 publications

(41 citation statements)

References 5 publications

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“…The most closely relevant work on which we build our contribution in this paper is a surge of studies on consent banners, including work primarily stemming from a legal compliance perspective [61,[64][65][66]82] or a dark patterns or "nudging" perspective [47,67,71,76,89,96]. We will briefly summarize several key studies and findings in this area.…”

Section: Related Work 21 Recent Work On Consent Bannersmentioning

confidence: 99%

“…Soe et al [89] performed a manual analysis of GDPR-related consent banners. They manually collected banners from 300 Scandinavian and English-speaking news services, looking for manipulative strategies potentially circumventing the requirements of the GDPR.…”

Section: Related Work 21 Recent Work On Consent Bannersmentioning

confidence: 99%

“…In total, we reviewed recordings from over 50 sites and extensively analyzed the design and users' means of interaction with the consent banners on these websites. While reviewing other recent and relevant literature on ethical issues in the design of consent banners (e.g., [67,76,89]), we identified four main phases in the consent task flow (Figure 1):…”

Section: Data Collection and Framingmentioning

confidence: 99%

“…In this paper, we draw together perspectives and commentary from HCI, design, privacy and data protection, and legal research communities, building an enhanced understanding of how these perspectives might arise together in complex, situated, contingent, and conflicting ways in the act of designing consent banners. The GDPR [44] and the ePrivacy Directive [36] demand user consent for tracking technologies and this requirement has resulted in a range of different techniques, interaction approaches, and even inclusion of dark patterns to gain user consent [47,71,76,89]. Thus, we took as our starting point for this paper a collection of consent processes for websites accessible to EU residents, where each consent process was captured through screen recording.…”

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Gray

Santos

Bielova³

et al. 2021

Proceedings of the 2021 CHI Conference on Human Factors in Computing Systems

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User engagement with data privacy and security through consent banners has become a ubiquitous part of interacting with internet services. While previous work has addressed consent banners from either interaction design, legal, and ethics-focused perspectives, little research addresses the connections among multiple disciplinary approaches, including tensions and opportunities that transcend disciplinary boundaries. In this paper, we draw together perspectives and commentary from HCI, design, privacy and data protection, and legal research communities, using the language and strategies of "dark patterns" to perform an interaction criticism reading of three different types of consent banners. Our analysis builds upon designer, interface, user, and social context lenses to raise tensions and synergies that arise together in complex, contingent, and conflicting ways in the act of designing consent banners. We conclude with opportunities for transdisciplinary dialogue across legal, ethical, computer science, and interactive systems scholarship to translate matters of ethical concern into public policy. CCS CONCEPTS• Human-centered computing → User interface design; • Social and professional topics → Governmental regulations; Codes of ethics; • Security and privacy → Social aspects of security and privacy.

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Section: Related Work 21 Recent Work On Consent Bannersmentioning

confidence: 99%

Section: Related Work 21 Recent Work On Consent Bannersmentioning

confidence: 99%

Section: Data Collection and Framingmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Gray

Santos

Bielova³

et al. 2021

Proceedings of the 2021 CHI Conference on Human Factors in Computing Systems

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“…They apply a range of surveillance tools for 'editorial analytics' to optimize newsroom workflows, increase audience engagement, and attract more audiences (Carroll, 2020;Cherubini & Nielsen, 2016). According to Christl et al (2017b, p. 17), especially big media conglomerates "are deeply embedded in today's tracking and profiling ecosystems; moreover, they have often developed or acquired data and tracking capabilities themselves" (see also Adams, 2020;Carroll, 2020;Soe, Nordberg, Guribye, & Slavkovik, 2020). Zuboff's theory can serve as an eye opener that challenges media organizations to critically reflect on the long-term implications of the digital economy, their complex entanglement with competitors like Google, and their application of data harvesting technologies such as smartphones.…”

Section: Implications For Mobile Journalism On An Organizational Levelmentioning

confidence: 99%

Mobile Journalists as Traceable Data Objects: Surveillance Capitalism and Responsible Innovation in Mobile Journalism

Salzmann

Guribye

Gynnild

2021

MaC

Self Cite

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This article discusses how Shosana Zuboff’s critical theory of surveillance capitalism may help to understand and underpin responsible practice and innovation in mobile journalism. Zuboff conceptualizes surveillance capitalism as a new economic logic made possible by ICT and its architecture for extracting and trading data products of user behavior and preferences. Surveillance is, through these new technologies, built into the fabric of our economic system and, according to Zuboff, appears as deeply anti-democratic and a threat to human sovereignty, dignity, and autonomy. In Europe, the framework of responsible research and innovation is promoted as an approach and a meta-concept that should inform practice and policy for research and innovation to align with societal values and democratic principles. Within this approach, ICT is framed as a risk technology. As innovation in mobile journalism is inextricably tied to the technologies and infrastructure of smartphones and social media platforms, the apparent question would be how we can envision responsible innovation in this area. Zuboff provides a critical perspective to study how this architecture of surveillance impedes the practice of mobile journalism. While the wide adoption of smartphones as a key tool for both producing and consuming news has great potential for innovation, it can also feed behavioral data into the supply chain of surveillance capitalism. We discuss how potentially harmful implications can be met on an individual and organizational level to contribute to a more responsible adoption of mobile technologies in journalism.

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Hypernudging in the changing European regulatory landscape for digital markets

Morozovaite

2022

Policy & Internet

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The European regulatory landscape for digital markets is undergoing a transformative change. There is an observed shift toward the protection of public values and fundamental rights, as the market mechanism and market values that traditionally led regulatory processes in digital markets seem to have fallen short. In the context of the user‐centric digital economy, a clear commitment to safeguarding citizens' interests is ever‐more salient. This article provides a comprehensive account of hypernudging—dynamically personalized user steering, which represents the next generation user influencing techniques online, with the potential to lead to multifaceted individual and collective harms. However, problematizing the phenomenon for digital policy purposes is not a straightforward task. Due to the complexity and opaqueness of its underlying mechanisms and effects, policymakers are operating under conditions of uncertainty, necessitating a shared understanding of what impact hypernudging has on users as well as crafting a shared vision of values that ought to be embedded and safeguarded in digital choice architectures. To highlight the developing European approach in relation to hypernudging, the assessment of the recent legislative initiatives—the Artificial Intelligence Act, the Digital Markets Act, and the Digital Services Act—showcases underlying learning opportunities for addressing emergent challenges.

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Circumvention by design - dark patterns in cookie consent for online news outlets

Cited by 67 publications

References 5 publications

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Mobile Journalists as Traceable Data Objects: Surveillance Capitalism and Responsible Innovation in Mobile Journalism

Hypernudging in the changing European regulatory landscape for digital markets

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