Dark Patterns Research Articles

Dark patterns: Can criminal law remedy the shortcomings of antitrust law?

Antitrust laws' remedies to address Big Tech's anticompetitive business models have often been questionable. Since the fundamental design choices of business models pose significant challenges, due to dark patterns, Austrian criminal law may compensate for antitrust laws' enforcement limits. It is argued that Amazon's Prime and BuyBox, Google's Search and its AI Bard, Activision Blizzard's lootboxes, and Engagement Optimised Matchmaking (EOMM) algorithms contain dark patterns that may constitute (commercial) fraud within the meaning of §§ 146, 148 StGB. This is because these business models are designed to deceive consumers to unlawfully enrich Big Tech and video game publishers.

Investigating Dark Patterns on Social Media: Implications for User Engagement and Impulse Buying Behavior

With the increasing use of social media and the proliferation of digital applications, dark patterns have become a significant concern due to their potential impact on user behavior. These patterns aim to influence user engagement and impulse buying in ways that are often subtle and undesired. Despite the importance of this issue, there is a lack of research examining the effects of dark patterns on engagement and impulse buying behavior, particularly in the Middle East. This study investigates key factors associated with dark patterns on social media that impact user engagement and influence impulse buying behavior. A Google Forms survey was conducted with 492 participants from PSUT in Jordan, and SEM was employed for hypothesis testing. The study found that time, effort, pleasure, and social acceptance significantly positively influence user engagement, while non-routine behavior exerts a negative influence. Furthermore, engagement demonstrated a significant positive effect on impulse buying behavior. Marketers should prioritize genuine connections and ethical practices to maintain trust and respect user autonomy. Dark patterns can erode trust and harm long-term relationships, emphasizing the need for transparency, social proof, and ethical data handling. This research addresses a significant gap in understanding the influence of dark patterns on consumer behavior.

Dark patterns, dark nudges, sludge and misinformation: alcohol industry apps and digital tools.

Many alcohol-industry-funded (AIF) organizations disseminate eHealth/mHealth tools that claim to assist users in making health decisions by monitoring alcohol consumption, e.g. blood alcohol calculators, AUDIT scores, consumption trackers. Previously, AIF materials were found to contain health misinformation that could increase consumption (dark nudges) or make healthy behaviour change more difficult (sludge). The accuracy and functionality of AIF tools have never been analysed, and given the history of AIF materials it is possible they contain misinformation and function as covert marketing channels to promote alcohol-industry-friendly narratives on the causes and possible solutions of alcohol-related harms. We evaluated the information accuracy and framing, behaviour change techniques (BCTs), and functions of AIF digital tools (n = 15, from the UK, Ireland, the USA, Canada, New Zealand, Australia; including Drinkaware, Drinkwise, Educ'alcool and others), compared to a non-industry-funded independent sample (n = 10). We identified misinformation and 'dark patterns' (interface design strategies for influencing users against their interest) throughout AIF tools; significantly fewer provided accurate feedback (33% vs 100%), and significantly more omitted information on cancer (67% vs 10%) and cardiovascular disease (80% vs 30%) and promoted industry-friendly narratives (47% vs 0%). AIF tools encouraged consumption through priming nudges (53%) and social norming (40%). AIF tools utilized fewer BCTs, provided users with more limited pre-set options (54%), and fewer drink choices (mean 24 vs 275). Their input structure often impeded their ability to provide guideline advice. We conclude that AIF tools contain pro-industry misinformation strategies and dark patterns that misinform users about their consumption and could 'nudge' them towards continuing to drink alcohol-characteristics of 'Dark Apps' designs.

Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law

Increased time spent by users in virtual environments globally coupled with the choice architectures created by artificial intelligence (AI) systems within these virtual environments means that the AI systems can ‘persuade’ users to take certain actions or abstain from them. In this article, we address this issue through the lens of ‘dark patterns’. Dark patterns are features of the user interface that shape the actions of the users in different ways, getting them to act in ways that they might not act otherwise and that are not necessarily beneficial for them. Recently, regulatory action has been undertaken in various jurisdictions to contain the menace of dark patterns, including in India. But can these measures prevent dark patterns that are powered by AI systems? In this article, we argue that they cannot, as AI-powered dark patterns work at a deep level of behavioural change, making users’ choices appear uninfluenced by manipulation. The laws pertaining to unfair trade practices, transparency and labelling obligations are also not sufficient to deal with these problems. We conclude with an appeal for a holistic approach to AI-powered dark patterns that engage in persuasive behaviour.

A new toad of Oreolalax Myers & Leviton, 1962 (Anura, Megophryidae) from Sichuan Province, southwest China.

A new species of the genus Oreolalax Myers & Leviton, 1962 is described from Sichuan Province, southwest China. Molecular phylogenetic analyses based on mitochondrial gene sequences clustered the new species as an independent clade nested with O.rugosus, O.liangbeiensis, and O.major. The new species could be distinguished from its congeners by a combination of the following characters: body size moderate (39.8-52.8 mm in male); head broad; tympanum absent; interorbital region with dark triangular pattern; 1/3 toes webbed, with broad lateral fringes, belly smooth, brown yellow or medium yellow scattered variable brown spots; skin on dorsum relatively rough with fine tiny and large warts granules; middle pectoral glands are evident in males; flanks with dark-brown warts granules; upper surface of limbs with dark bars; and iris orange above and creamy-white below. The new species inhabits subtropical alpine scrub and swamp.

Dynamics of JET runaway electron beams in D2-rich shattered pellet injection mitigation experiments

Abstract The publication provide further insights into the dynamics of JET runaway electron (RE) beams mitigated by D2-rich shattered pellet injection (SPI) (Reux et al 2022 Plasma Phys. Control. Fusion 64 034002). Multi-diagnostic analyses show that mechanisms causing continuous RE losses and energy transfer from hot electrons to cold background plasma can act before the SPI. After the SPI, measurements are compatible with a reduction of the maximum energy and pitch angle of the RE distribution while the population of supra-thermal electrons increases. The RE population growth is likely due to electron avalanche. Dark island-like pattern chains, characterised by an integer poloidal mode number and a certain minor radius, are identified in the JET RE beam synchrotron radiation videos. The synchrotron island dynamics is studied via a newly developed computer vision code (Sommariva and Silburn https://c4science.ch/source/pSpiPTV/). The radial motion of synchrotron island chains is found to be consistent with the most plausible time evolution of the radial current density profile compatible with both the RE synchrotron videos and the total RE current time trace. Similarly, correlations are identified between the temporal progression of the synchrotron islands poloidal rotation frequency and sudden MHD relaxation events. Loss-of-RE events probably caused by non-linear interactions between synchrotron islands are observed for the first time. Experimental evidences suggest that synchrotron islands are possibly related to the existence of magnetic islands which may lead to the development of new RE beam mitigation strategies.

Fuchs’ Endothelial Corneal Dystrophy evaluation using a high-resolution wavefront sensor

This study aims to evaluate the applicability of the high-resolution WaveFront Phase Imaging Sensor (WFPI) in eyes with Fuchs’ Endothelial Corneal Dystrophy (FECD) through qualitative and quantitative analysis using a custom-designed Automatic Guttae Detection Method (AGDM). The ocular phase was measured using the t·\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$\\cdot$$\\end{document}eyede aberrometer and then was processed to obtain its High-Pass Filter Map (HPFM). The subjects were pathological and healthy patients from the Fundación Jiménez-Díaz Hospital (Madrid, Spain). The AGDM was developed and applied in pupils with 3 and 5 mm of diameter. A set of metrics were extracted and evaluated like the Root-Mean-Square error (RMS), Number of guttae, Guttae Area, and Area of Delaunay Triangulation (DT). Finally, a Support Vector Machine (SVM) model was trained to classify between pathological and healthy eyes. Quantitatively, the HPFM reveals a dark spots pattern according to the ophthalmologist’s description of the slit-lamp examination of guttae distribution. There were significant statistical differences in all the metrics when FECD and Healthy groups were compared using the same pupil size; but comparing both pupil sizes for the same group there were significant differences in most of the variables. This sensor is a value tool to objectively diagnose and monitor this pathology through wavefront phase changes.

An Analytical Study of the Mikhailov–Novikov–Wang Equation with Stability and Modulation Instability Analysis in Industrial Engineering via Multiple Methods

Solitary waves, inherent in nonlinear wave equations, manifest across various physical systems like water waves, optical fibers, and plasma waves. In this study, we present this type of wave solution within the integrable Mikhailov–Novikov–Wang (MNW) equation, an integrable system known for representing localized disturbances that persist without dispersing, retaining their form and coherence over extended distances, thereby playing a pivotal role in understanding nonlinear dynamics and wave phenomena. Beyond this innovative work, we examine the stability and modulation instability of its gained solutions. These new solitary wave solutions have potential applications in telecommunications, spectroscopy, imaging, signal processing, and pulse modeling, as well as in economic systems and markets. To derive these solitary wave solutions, we employ two effective methods: the improved Sardar subequation method and the (℧′/℧, 1/℧) method. Through these methods, we develop a diverse array of waveforms, including hyperbolic, trigonometric, and rational functions. We thoroughly validated our results using Mathematica software to ensure their accuracy. Vigorous graphical representations showcase a variety of soliton patterns, including dark, singular, kink, anti-kink, and hyperbolic-shaped patterns. These findings highlight the effectiveness of these methods in showing novel solutions. The utilization of these methods significantly contributes to the derivation of novel soliton solutions for the MNW equation, holding promise for diverse applications throughout different scientific domains.

Formation mechanism of bright and dark concentric-ring pattern in dielectric barrier discharge

In this work, a bright and dark concentric-ring pattern is reported in a dielectric barrier discharge for the first time. The spatiotemporal dynamics of the bright and dark concentric-ring pattern are investigated with an intensified charge-coupled device and photomultiplier tubes. The results indicate that the bright and dark concentric-ring pattern is composed of three concentric-ring sublattices. These are bright concentric-ring structures, dark concentric-ring structures and wider concentric-ring structures, respectively. The bright concentric-ring structures and dark concentric-ring structures are alternately distributed. The bright concentric-ring structures are located at the centre of the wider concentric-ring structures. The wider concentric-ring structures first form from the outer edge and gradually develop to the centre. The essence of all three concentric-ring structures is the individual discharge filaments. The optical emission spectra of different sublattices are acquired and analysed. It is found that the plasma parameters of the three concentric-ring sublattices are different. Finally, the formation mechanism of the bright and dark concentric-ring pattern is discussed.

CYMINDIS (ARROSTUS) BORKINI SP. N., A NEW SPECIES OF GROUND-BEETLES FROM THE HIMACHAL PRADESH STATE, INDIA (COLEOPTERA: CARABIDAE: LEBIINI)

A new species of ground-beetles, Cymindis (Arrostus) borkini sp. n., is described from the two localities in Western Himalayas, Himachal Pradesh, India from the environments of the Sungri Town (type locality) and from the Spiti Valley. The new species is similar to both C. (A.) glabrella Bates, 1878 and C. (A.) facchinii Kabak, 2006, but easily differs in the light color of body with dark cruciate elytral pattern, larger eyes and stouter median lobe of aedeagus.

Dark patterns: EU's regulatory efforts

AbstractIn a world where technology is rapidly advancing, regulation of dark pattern practices has become a topic of increasing importance. Society has become somewhat desensitized to these deceptive online practices that manipulate users into taking actions, which are not in their best interests, such as difficulty unsubscribing from a service, prominence of consent buttons, and countless other advanced tactics to obscure transparency. However, these ongoing practices harm both the individual user, and society in general, by impeding informed decision‐making. This Article addresses the European Union's leading efforts to tackle dark pattern practices, and in particular, addresses the numerous legislative acts which have been enacted to regulate and eliminate them. The acts explored in this Article include the General Data Protection Regulation, the Uniform Commercial Practices Directive, the Data Act, the Digital Markets Act, the Digital Services Act, the Amendment to the Directive on Financial Services Contracts Concluded at a Distance, and the Artificial Intelligence Act. This Article then discusses the interplay between the numerous acts, and the resulting ambiguities and overlap which have led to a level of regulatory redundancy. This Article examines not only the difficulty in interpretation of the various acts, but additionally, explores the issues which arise in implementation from a jurisdictional perspective. Further, this Article suggests potential solutions to address the fragmented legislation, including a hybrid form of harmonization, as well as methods for consolidation and centralization.

Ethical Games: Toward Evidence-Based Guidance for Safeguarding Players and Developers

As video games have moved to the mainstream of entertainment and popular culture, they also have given rise to new media fears. These span concerns for player welfare such as gaming addiction, negative effects of ‘screen time,’ gambling-like mechanics, dark patterns and questionable business practices, online toxicity, and extremism. Questions of game worker welfare are similarly making headlines, such as harassment, discrimination, or precarious and unhealthy working conditions. To sort warranted concerns from unwarranted moral panics, the first Ethical Games Conference, held in 2024, gathered the state-of-the-art of research on ethical issues in games to inform evidence-based guidelines for industry and regulators. The selected full papers and opinion pieces of the conference, collected in this special issue, showcase a wide range of issues and barriers, and aspirations to move from avoiding harm to using games for positive social impact.

Power through design – dark patterns, personalization and the emergence of TikTok

ABSTRACT This paper examines the role of dark patterns in the context of TikTok, an emerging social media platform. Drawing on principles from behavioral economics and the existing literature on online choice architecture (OCA), the study investigates how TikTok utilizes choice architecture, namely, dark patterns to engage users and explores the potential implications for data protection, algorithmic practices and market dynamics. The paper employs the "walkthrough method" to conduct a case study, describing the TikTok user experience and mapping potential dark patterns employed by the app. Based on the case study, it discusses the challenges in classifying dark patterns (specially as it depends on the user impact) against legitimate commercial practices. Finally, it describes how dark patterns and OCA have been discussed in the Latin American legal landscape, and finally it proposes next steps for the debate based on the findings of the article..

Study of engineering developing decagonal-like rational approximant structure of Al–Ni–Cu–Fe–Mn–Cr senary system in aluminum alloy through additive manufacturing

Quasi-periodic materials hold unique properties, but mass-producing bulk materials with such structures remains challenging. The rational approximant phase belongs to the Bravais crystal system but exhibits irrational cut features and diffraction symmetries, which are similar to quasicrystals. This study uses additive manufacturing (AM) and prolonged annealing to create an aluminum-based alloy featuring a quasicrystal-like rational approximant phase, Al6(Cu, Ni)1(Cr, Mn, Fe)1, overcoming the production limitations of reproducible quasi-periodic materials. This phase transformation occurs at the Al–Al9FeNi interface, resulting in a monoclinic periodic structure with long-range translational symmetry. The structure comprises sublattices of stars and compressed hexagons, forming tile mode coverings with pseudo-five-fold decagonal shield-like tiles (SLTs) through transition-element atoms. Furthermore, HAADF imaging reveals clear dark monoclinic rhombic patterns with long-range ordered translational symmetry, free from atomic defects. The rational approximant phase has been verified crystallography through X-ray diffraction, confirming its translational symmetry. Additionally, the Al3(Zr, Sc) phase facilitates the phase transformation process through lattice interactions. These findings introduce a novel perspective on the phase transformation in decagonal-like rational approximants and broaden the realm for future engineering applications.

DIY Innovations in Quantum Physics: Proving Light Dualism with Photoelectric Effect and Double Slit Experiments

This research aims to prove the dualism of the nature of light with the photoelectric effect experiment and the double slit experiment using simple tools. The experimental analysis method was used for this research. The photoelectric effect experiment that has been carried out successfully proves that light behaves as a particle, this is evidenced by f> f0, light emitted as small particles called photons. The double slit experiment conducted with one of the wave properties, namely interference, also proved that light behaves as a wave, resulting in the formation of dark and bright patterns. Both experiments can be conducted using simple tools, despite the limited facilities of the laboratory, so this experiment can still be done by utilizing existing tools and materials as an alternative.

Standardised cookie banner: a solution to the cookie consent problem

ABSTRACT Cookies are an essential part of today's internet. In the EU, the ePrivacy Directive (read with the EU GDPR) requires prior informed consent for using cookies. Usually, websites use cookie banners to meet the informed consent requirement. However, due to a lack of harmonisation of cookie law across the EU, varying cookie guidelines by data protection authorities of different member states, and varying implementation of cookie consent requirements by websites, users face differing cookie banners on different websites. Having to face differing cookie banners requires additional cognitive effort and time to read, understand, evaluate, and select options on each banner. Moreover, the way consent is sought remains deceptive. Websites use dark patterns, vague language, positive framing, and nudging to elicit user consent. This paper proposes standardised cookie banners to solve the various problems with cookie consent banners. The paper suggests that the standardised banner must have standardised timing of display, position on the website, text and language, presentation, consent options, and way of consenting.

Associations between circadian alignment and cognitive functioning in a nationally representative sample of older adults

Proper alignment of activity-rest and light–dark patterns allows for healthy bodily functions to occur at optimal times of the day. Disruptions to this alignment may cause poor sleep as well as physical, mental, and cognitive problems. The purpose of this cross-sectional study was to determine if poorer circadian alignment was associated with decreased cognitive functioning among older (> 60 years) participants in the National Health and Nutrition Examination Survey. We utilized actigraphy-based rest-activity and dark-light measurements to calculate phasor magnitude (strength of circadian alignment coupling) and phasor angle (phase difference between activity-rest and light–dark cycles). Multiple linear regression models were used to determine associations of phasor magnitude and angle with performance in various cognitive tests, including Digit Symbol Substitution Test score (DSSS), CERAD Savings Percentage (CSP), and Animal Fluency Test (AFT) score. The results showed that a lower phasor magnitude (which indicates decreased strength of alignment coupling between rest-activity and dark–light cycles) was significantly associated with decreased DSSS (indicating slower processing speed and poorer working memory) when controlling for many important sociodemographic factors. However, this association became non-significant when accounting for sleep duration and total physical activity. Phasor angle did not have a significant association with any of the cognitive scores. Overall, we provided evidence indicating that circadian alignment may be a predictor of cognitive performance. Future studies should investigate whether improving circadian alignment may improve cognitive function and prevent cognitive decline.

Perceived Values and Dark Patterns: Investigating Their Influence on Player Continuance Intention to Play Genshin Impact among Indonesian Gamers

Perceived Values and Dark Patterns: Investigating Their Influence on Player Continuance Intention to Play Genshin Impact among Indonesian Gamers

Unmasking user vulnerability: investigating the barriers to overcoming dark patterns in e-commerce using TISM and MICMAC analysis

PurposeE-commerce companies use dark patterns to manipulate customer decisions to survive in the crowded online market and make profit. Although some online customers are aware of the dark patterns, they cannot overcome such manipulations. Therefore, the purpose of this study is to identify and model the barriers to overcoming dark patterns using total interpretive structural modeling (TISM).Design/methodology/approachBarriers to overcoming dark patterns were identified from the extant literature and were validated by a panel of 18 domain experts. In the modeling phase, TISM technique was used to identify the relationships between the barriers and assign priority to the barriers. Finally, the barriers were plotted and classified into three categories.FindingsUser unawareness, trust in brands and normalization of aggressive marketing were found to be the highest priority barriers. Whereas, designer bias, user fatigue, short-term user benefits and design complexity were identified as the most challenging barriers because they have least dependence over the other barriers.Research limitations/implicationsBecause TISM results are based on the opinion of domain experts, other statistical techniques could be applied for validation.Practical implicationsThis study would educate online customers, while assisting online user communities and regulatory bodies to devise strategies to overcome dark patterns. Additionally, business managers could use the study’s findings to encourage designers to embrace ethical design methods as a competitive advantage.Originality/valueThis study contributes to the research as it is first of its kind to examine the link between dark pattern barriers.

디지털 플랫폼의 다크패턴과 관련한 법적 검토 및 향후 정책방향에 대한 연구 : 소비자 다크패턴 피해 유형 분석과 해외 입법례 비교를 중심으로

디지털 플랫폼의 다크패턴과 관련한 법적 검토 및 향후 정책방향에 대한 연구 : 소비자 다크패턴 피해 유형 분석과 해외 입법례 비교를 중심으로