Analysis

Behavioral Design Could Be Privacy Law's Next Frontier

Law360 (April 19, 2019, 7:17 PM EDT) -- Finding new ways to keep users glued to their devices and pumping in personal data is Social Media 101. But regulators on two continents could force tech giants to scale back those efforts, legal observers say, with newly unveiled proposals to limit how companies can use design to manipulate users' behavior.

In Congress, U.S. Sens. Mark Warner, D-Va., and Deb Fischer, R-Neb., have introduced legislation banning social media platforms from designing interfaces that trick users into offering up personal data. The senators cited examples of companies sending users repeated pop-ups during an activity until they consent, or making an opt-out button difficult to...

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