In consumer privacy, the phrase “dark patterns” is everywhere. Emerging from a wide range of technical and academic literature, it now appears in at least two US privacy laws: the California Privacy Rights Act and the Colorado Privacy Act (which, if signed by the Governor, will come into effect in 2025). Under both laws, companies […]
The reasons for the development and inclusion of these clauses, and the privacy controversies the terms can trigger, tell an interesting tale about the intersection of data protection and intellectual property law.
In the world of consumer privacy, including the Internet of Things (IoT), mobile data, and advertising technologies (“Ad Tech”), it can often be difficult to measure real-world impact and conceptualize individual harms and benefits. Fortunately, academic researchers are increasingly focusing on these issues, leading to impressive scholarship from institutions such as the Princeton Center for Information Technology Policy (CITP), Carnegie Mellon University School of Computer Science, UC Berkeley School of Information, and many others, including non-profits and think tanks.