Bipartisan Senate Bill Targets Manipulative Dark Patterns in Big Tech

Senators Warner and Fischer introduce the DETOUR Act to ban deceptive design tactics that trick users into surrendering personal data. The legislation holds large online platforms accountable for manipulative interfaces and compulsive design targeting children.

Senators Mark Warner and Deb Fischer introduce the DETOUR Act, a bipartisan bill that targets deceptive "dark patterns" used by large tech companies. This legislation prohibits online platforms with over 100 million active users from relying on user interfaces that intentionally impair user autonomy, decision-making, or choice to extract deeper access to personal data.

The proposed bill creates a new standards body that coordinates with the Federal Trade Commission to establish user design best practices for major platforms. This entity outlines which specific design choices infringe on user rights, while the FTC acts as a regulatory backstop to enforce these rules and issue fines for any violations.

Beyond banning manipulative interfaces, the DETOUR Act specifically prohibits user interface designs that cultivate compulsive usage in children under the age of 13. The legislation also forbids large tech companies from conducting behavioral experiments on users without obtaining informed consent, requiring these companies to establish their own Institutional Review Boards to oversee such research.

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