2023 #fairbydesign

This closing year has marked the entrance of AI in our daily lives, and with it many more questions about fairness in digital world and ethical implications.

The Future of Dark Patterns in the AI Era

As we enter the year 2023, the topic of dark patterns in the realm of artificial intelligence (AI) has become increasingly important. With the rapid advancement of AI technology, there is a growing concern about how dark patterns could not only be integrated into AI systems, but how generative AI will be creating dark patterns itself. The potential for AI algorithms to exploit user vulnerabilities and manipulate behavior raises significant ethical and fairness issues. Once more, trust is the focus through which we can actually build sustainable growth for brands, companies, and society at large, while ensuring users' rights. If we really shift the digital economy to be a trust-based relationship, then we're on track to make it the best possible system again.

One of the key challenges in addressing dark patterns in AI is the current lack of transparency and accountability. This is combined with the notion that any generative AI is as good as the dataset it's based on to learn. Knowing that dark patterns are still immensely predominant in the UX and UI globally, it's easy to see how generative AI will be structurally shaped to recreate the same superficially functional model.

For this next evolution, we must:

• Provide clear and objective explanations of how AI algorithms work.
• Obtain informed consent from users through dark pattern-free terms and conditions.
• Implement robust mechanisms for reporting and addressing illicit and unethical practices.
• Remove dark patterns and deceptive design from all types of interfaces.
• Train AI not to create new manipulative or deceptive interfaces.

As we navigate the AI revolution, it is crucial to address the issue of dark patterns head-on. Regulators around the world are already moving in the right direction: during this year we've seen the Executive Order issued by the White House on AI and the first agreement on the AI Act by the EU, and we expect to see many more regions taking stances on the subject over the next year. But considering only threatening sides of AI isn’t fair. We’re actually harnessing its potential to boost the Fairpatterns solution, expanding our reach, our scope, and our abilities to detect and fix deceptive interfaces.

This years Highlights

• Regulation on Dark patterns is gaining momentum: Regulators are taking the stage against Dark Patterns and we’re seeing an unprecedented amount of decision and fines.
• The Junk fees are taking stage: Call it “Taylor Swift Effect”, but this year has been a turning point on the fight against junk fees on online buying.
• AI Act in EU: The EU reached a historic political agreement in regulating AI, highlighting that any development and use of it should benefits users, and that only trustworthy AI should flourish.

• DMA: Gatekeeper designation: This September the EU commission has released the list of Gatekeeper platform regarding the DMA framework
• META “new model”: In a not so surprising turn, Meta has released a new model “pay-for-your-rights” forcing users to either give up privacy or money - in other words: chose to lose.
• India new regulation: India has taking decisive steps towards Dark Patterns regulation, issuing guidelines specifically targeting them

Our Masterclass on Dark Patterns are open

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