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Government Businesses Privacy Social Networks The Internet

Senators Introduce Bill That Would Ban Websites From Using Manipulative Consent Forms (vice.com) 76

U.S. Senators Mark R. Warner (D-VA) and Deb Fischer (R-NE) have introduced a bill to ban online social media companies from tricking consumers into giving away the rights to their data. The Deceptive Experiences To Online Users Reduction (DETOUR) Act would ban companies "from manipulating adults into signing away their data, or manipulating children into staying on a platform compulsively," reports Motherboard. "The bill also requires platforms to ensure informed consent from users before green-lighting academic studies." From the report: The DETOUR Act would make it illegal to "design, modify, or manipulate a user interface" in order to obscure, subvert, or impair a user's ability to decide how their data is used. The interface refers to the "style, layout, and text" of a privacy policy. The rigor of default privacy regulations would also be subject to regulation under the DETOUR Act. The DETOUR Act would also ban features that encourage "compulsive usage" for children under 13 years old. This would directly target platforms like YouTube, which has auto-play for both its regular site and for its child-specific YouTube Kids app. A representative for Common Sense Media told Motherboard in a phone call that the organization provided feedback and input to the authors of the bill.

The law would also apply to "behavioral or psychological experiments or studies," such as the ones used by Cambridge Analytica in order to sort users by personality type. Per the bill, any such studies have to get informed consent first, and experimenters would need to make routine disclosures to participants and to the public every 90 days. If enacted, the DETOUR Act would require tech companies to make their own Independent Review Boards, which would be responsible for making sure they comply with the law. The act would also give the FTC one year to make infrastructure to would review tech companies and enforce violations of the law.

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Senators Introduce Bill That Would Ban Websites From Using Manipulative Consent Forms

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  • by Rick Schumann ( 4662797 ) on Tuesday April 09, 2019 @10:13PM (#58413158) Journal
    Aside from 'deceptive' practices I think the average person doesn't understand what they're consenting to in the first place. Make it into a teaching session, and they have to pass a quiz, proving they understand what they're signing.
  • As with every other law they vote on, this was written by someone else outside of the government.

  • Hows that going to work for ads?
    A person looks at a web site, social media for content they want and expect.
    Are all ads placed now "manipulating" as the user did not consent to see any ads?
    This returns all power of content back to the user and what is displayed on their computer :)
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Banning online ads actually sounds pretty good to me.

    • Do you have to accept a consent form for viewing an ad?

    • You don't get the content or the ads without the consent. They're just going to be required to be more honest when getting that consent.

  • by DontBeAMoran ( 4843879 ) on Tuesday April 09, 2019 @11:28PM (#58413410)

    The Deceptive Experiences To Online Users Reduction (DETOUR) Act...

    Yet another fucking so-called "acronym" that was built backward. They started with the acronym they wanted and just plugged words until it almost sounded like english.

  • "in order to obscure, subvert, or impair a user's ability to decide"

    Laws should be objective. Judging something like this is, however, entirely subjective. Anyway, if they were serious about this, they would have to put all the advertisers and marketeers up against the wall. This sounds a lot more like the kind of law that can be applied arbitrarily, against companies that you don't like. Leading to campaign contributions by potential targets, in self-defense. In a word: cronyism.

    The whole selection process

  • "The law would also apply to "behavioral or psychological experiments or studies," such as the ones used by Cambridge Analytica in order to sort users by personality type."

    Crap - my relatives are really gonna miss those "What color dildo are you?" Facebook quizzes.

    My wife tells me that my sister and the other female relatives are still going to these sites. No doubt there are ones for stupid narcissistic males as well.

    Some people must think I do that too, because they all come up to me and ask "Wha

  • I found this here [scribd.com]:

    DUTIES OF LARGE ONLINE OPERATORS:
    Any large online operator that engages in any form of behavioral or psychological research based on the activity or data of its users shall—

    (1) disclose to its users on a routine basis, but not less than once each 90 days, any experiments or studies that user was subjected to or enrolled in with the purpose of promoting engagement or product conversion;

    (2) disclose to the public on a routine basis, but not less than once each 90 days, any experiments or studies with the purposes of promoting engagement or product conversion being currently undertaken, or concluded since the prior disclosure;

    (3) shall present the disclosures in paragraphs (1) and (2) in a manner that—
    (A) is clear, conspicuous, context-appropriate, and easily accessible; and
    (B) is not deceptively obscured;

    (4) establish an Independent Review Board for any behavioral or psychological research, of any purpose, conducted on users or on the basis of user activity or data, which shall review and have authority to approve, require modification in, or disapprove all behavioral or psychological experiments or research; and

    (5) ensure that any Independent Review Board established under paragraph (4) shall register with the Commission, including providing to the Commission

    • by imidan ( 559239 )

      (4) establish an Independent Review Board for any behavioral or psychological research, of any purpose, conducted on users or on the basis of user activity or data, which shall review and have authority to approve, require modification in, or disapprove all behavioral or psychological experiments or research;

      Does this mean that if I use site/log analytics to study the behavior of users so I can adjust the features of the site for better user efficiency, that I need to convene an independent IRB, register t

      • The whole thing is full of holes or reason. Perhaps the biggest blunder is the first words, "DUTIES OF LARGE ONLINE OPERATORS". But they never define what "LARGE" means. But I take it to mean that if you and I started a web page of some kind and daily have around 20 people visit it, I assume we wouldn't be included in these requirements. But hey, you never know.

  • I don't think we generally need separate laws for transactions on the internet. The same sort of problem occurs in paper contracts.

    I wonder if there's a helpful step where a third party translates contracts (government or otherwise) into normal-people language or classify the contract with iconography. Most of the click-through agreements are impractical to actually read; the benefit from the service or product is less than the effort to read the agreement. So the average consumer has to either (A) Ho

    • I would normally agree with you. But I can't think of a single situation outside of the Internet where there are unilateral contracts with such massive numbers of people. Nor where a business is able to effectively collect and perform experiments without any knowledge of the subjects. Boxing yourself in with language that's too specific might prevent it being applied to future tech, but this definitely seems like it applies to interconnected tech exclusively.

  • by DickBreath ( 207180 ) on Wednesday April 10, 2019 @10:30AM (#58414940) Homepage
    Do you want to allow us to track you all over the internet using cookies, scripts, malware and zero day exploits?

    [x] Yes, please do not exclude me from your list of people not on the list of those who you do not track using less harmful techniques.

    [_] No, I do not want to be included on the list that tracks people who do not want to be on the list of those we track using invasive and harmful techniques.

    Please select your choice.

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