[HN Gopher] I was let go for refusing to deploy a dark pattern
       ___________________________________________________________________
        
       I was let go for refusing to deploy a dark pattern
        
       Author : codingclaws
       Score  : 506 points
       Date   : 2021-06-25 11:47 UTC (11 hours ago)
        
 (HTM) web link (www.peachesnstink.com)
 (TXT) w3m dump (www.peachesnstink.com)
        
       | yoursunny wrote:
       | In 2007, I had a script on my website that records every click
       | and every mouse move. When my classmates are reading my webpages,
       | I'm watching a video simulation of their mouse moves.
       | 
       | My website doesn't contain any textbox, so there's no personal
       | data except IP address. Nevertheless, I more or less know who's
       | reading my page because every student has a static IP.
       | 
       | Nowadays, I don't collect mouse moves anymore, but I have
       | navigator.sendBeacon() for video playback behavior.
        
         | codegeek wrote:
         | You just described Tools like HotJar.
        
       | slumdev wrote:
       | Congratulations. Getting fired for doing the right thing might
       | hurt in the short term, but it's the right thing to do and
       | eventually (perhaps already) becomes a great story to tell.
        
       | edgeform wrote:
       | "Employee surprised when they wouldn't perform their work duties
       | and were let go because of it."
       | 
       | We get it, you personally think dark patterns are here to destroy
       | humanity. Lesson learned, don't shit where you eat. There's a lot
       | I don't like about my work too but I'm not about to risk my
       | stability just to make a point to some people on a blog post.
        
       | polynomial wrote:
       | > They had no version control.
       | 
       | In my mind this gives me some relief that the company was a small
       | outlier, which is not to say I don't think there's a problem
       | here, which is that morally objecting to work assignments doesn't
       | seem to be a thing in the corporate world.
        
       | surround wrote:
       | A bit off-topic, but does anybody have any examples of websites
       | which use this dark pattern? I am interested in trying to disable
       | this "feature" client-side for the sake of privacy.
        
         | henriquez wrote:
         | You could disable JavaScript, otherwise there's no general way
         | of preventing this type of behavior -- as far as I can imagine
         | there are too many different ways of scooping up user input
         | data to generally block via a browser add-on.
        
         | jefftk wrote:
         | Once you have entered your email address on a page with JS and
         | the page has sent any additional network traffic, you have to
         | assume that the server has your email address if they want it.
         | JS is just too complex to offer any other guarantees.
        
       | TX0098812 wrote:
       | + karma
        
       | gameswithgo wrote:
       | Many years ago I was asked about adding a feature to our website,
       | which was a shopping portal for eyeglasses, that would bring up a
       | popup when the user tried to leave the site. I immediately said I
       | would not do it. I didn't get let go but the look the manager
       | gave me was one of shocked disbelief, I imagine it was strike
       | one. I quit not long after. The manager was from a big
       | corporation (Luxottica) that had bought us recently. It seems
       | relatively normal that the kind of people who achieve positions
       | of power at large companies just have no respect for other
       | humans. It makes me sad sometimes.
        
         | scotcha1 wrote:
         | there's probably a lot more context, but this is a pretty
         | common marketing feature
         | 
         | some examples:
         | 
         | https://github.com/carlsednaoui/ouibounce
         | 
         | https://www.hubspot.com/products/marketing/exit-intent
         | 
         | i like how this page describes them more as 'needy' than
         | 'dark', since dark seems to imply immoral
         | 
         | https://www.nngroup.com/articles/needy-design-patterns/
        
           | yjftsjthsd-h wrote:
           | I was curious how that works, so I clicked into the ouibounce
           | repo and read the README. I still don't get how it works, but
           | I enjoyed how they flirt with self awareness:
           | 
           | > it's very easy to create something spammy-looking.
           | 
           | ...and then they list "good" uses that are... all spammy.
        
             | nitrogen wrote:
             | _I still don 't get how it works_
             | 
             | These actions can be used to infer possible intent to
             | leave: scroll up (to reveal address bar on mobile), move
             | mouse toward top of viewport (to move mouse toward address
             | bar), swipe down (to reveal address bar on mobile), loss of
             | UI focus, probably others.
             | 
             | I hate these patterns, and they are 100% appropriately
             | described as dark. I and the other devs spent months at one
             | place arguing with a PM about how janky and broken the
             | third-party intent-to-leave detector they injected using
             | Google Tag Manager without dev involvement made our app
             | feel. (GTM was the product that convinced me Google gave up
             | on not being evil)
        
               | yjftsjthsd-h wrote:
               | Okay, so it's all indirect? I usually just ctrl-w, and
               | beyond the browser native dialog that sites can use to
               | ask if you want to confirm saving your work or something,
               | I wasn't aware of any way to intercept that or do
               | anything about it.
        
               | claudiulodro wrote:
               | The most common way those exit-intent popups work is to
               | check for when the users' mouse leaves the viewport e.g.
               | https://stackoverflow.com/questions/923299/how-can-i-
               | detect-...
        
         | mytailorisrich wrote:
         | Not to play devil's advocate here, but as an employee if you
         | refuse to do something your manager tells you to do that is
         | both within your job description and not illegal then you are
         | in the wrong in terms of your duties as an employee.
         | 
         | The feature you describe is annoying (I think it's fair to say
         | that everyone hates these pop-ups) but rather innocuous and
         | certainly not unlawful so there isn't any reasonable ground to
         | refuse to do it if you're employed as a web dev.
         | 
         | That's the nature of employed work.
        
           | Sodman wrote:
           | Conversely, if you work for a company that lists it's
           | "values" as something like "Being customer-focused", it's
           | easy to find ground upon which to push back on things that go
           | against the company's supposed values.
           | 
           | Software engineering is largely think-work. Some of it is
           | creatively coming up with ways to solve novel technical
           | problems, but an often understated part is thinking about how
           | your implementations will affect your users, and optimizing
           | for solving your _users_ problems.
        
             | mytailorisrich wrote:
             | That's all nice but quite irrelevant to my previous
             | comment's point.
        
               | ticviking wrote:
               | Quite the opposite. If a middle manager tells you to do
               | something you think harms the company or it's customers
               | and you don't push back as a knowledge worker you're not
               | doing your job.
               | 
               | Ultimately you may need to comply if the decision is
               | made, but they literally hire us for our judgement and
               | ability to work independently for the companies
               | objectives.
        
           | elihu wrote:
           | The concept of professional ethics exists as is well
           | established in other fields such as medicine, engineering,
           | legal work, and journalism. Why should software development
           | be regarded to take place in an ethical void?
           | 
           | Granted, if you refuse to do something your boss tells you to
           | do because it violates your concept of professional and
           | personal ethics, they may decline to continue employing you.
           | And you might not have a legal basis to challenge your
           | termination if what they asked you to do is legal. But
           | walking away from a job may be the best option in some
           | situations.
        
           | gameswithgo wrote:
           | Oh I was ready to accept the consequences.
        
           | arminiusreturns wrote:
           | This comment only works with a very narrow definition of
           | "duties of an employee".
        
           | jessaustin wrote:
           | _...something your manager tells you to do..._
           | 
           | There's a principal-agent problem here. The owners of the
           | company don't care about a random manager's feelings. The
           | manager certainly does, however, so much of what any
           | particular manager will require is more about making the
           | manager feel better than about making profits. Other
           | employees are correct to disagree with such misuse of
           | resources.
        
         | s_severus wrote:
         | I work in e-commerce and this kind of thing is totally
         | standard. You get salespeople trying to sell you this and much
         | worse regularly.
         | 
         | I was once pitched the exact dark pattern as in the OP - covert
         | email collection. I was gobsmacked. I wrote about it at the
         | time thus:
         | 
         | > Towards the end of the slide deck, Dom excitedly explained
         | how if a user enters an email address in any form field
         | anywhere on the website, then regardless of whether the form is
         | submitted, that email address will be captured by IntegriMart
         | and paired up with a browser fingerprint for that user. This,
         | presumably, allows us to "continue to build a dialogue" with
         | that user.
         | 
         | Full story for those interested:
         | https://www.michaelbromley.co.uk/blog/the-covert-opt-in/
        
       | perfunctory wrote:
       | > It's hard for people to understand or care about ethics in
       | programming. One possible reason for this is that the issues are
       | too nuanced
       | 
       | Oh. "too nuanced". The author is too soft. Most probable reason
       | is that business owners are assholes.
       | 
       | EDIT: oh, and because most developers are spineless creatures not
       | being able to stand up for their principles, unlike the author.
       | If everybody really cared about privacy as they say they do we
       | wouldn't have so many issues. I mean, _somebody_ is implementing
       | all those features.
       | 
       | sorry for the harsh tone but I don't know how to say it any other
       | way. When developers - professionals who enjoy royal treatment on
       | the job market at the moment - are too afraid to upset their
       | employers over an ethical question, it makes me mad.
        
         | tut-urut-utut wrote:
         | > EDIT: oh, and because most developers are spineless creatures
         | not being able to stand up for their principles, unlike the
         | author. If everybody really cared about privacy as they say
         | they do we wouldn't have so many issues. I mean, somebody is
         | implementing all those features.
         | 
         | Why holding only developers responsible for non-ethical
         | features? What about the actual decision makers and
         | legislation.
         | 
         | By the same logic, if only factory workers decided it's immoral
         | to build weapons, there would be no wars. But those spineless
         | creatures just want bread on the table and don't care about
         | world peace.
         | 
         | The only way to avoid these dark patterns is a set of laws that
         | punish them. The reason why we don't have such laws is that we
         | as a society don't know and don't care. It's we all, not only
         | "spineless developers".
        
           | squiggleblaz wrote:
           | > By the same logic, if only factory workers decided it's
           | immoral to build weapons, there would be no wars. But those
           | spineless creatures just want bread on the table and don't
           | care about world peace.
           | 
           | I think the question is, are developers engineers or just
           | programmers? The responsibility of an engineer is to give
           | pushback when it is deserved.
           | 
           | As you say, the responsibility is on decision makers. But
           | they care about the politics. They will try to make it look
           | like you're on your own. But if you clearly demonstrate the
           | mood of the company's employees, they will reconsider their
           | position. The result will be compromise not capitulation but
           | it's better for something to be better even if it isn't great
           | yet.
        
           | rytor718 wrote:
           | I don't agree. Responsibility lies with the doer in this case
           | -- the person who types the dark pattern into the code. If my
           | manager tells me to slap my coworker, she's only barely to
           | blame for demanding something dangerous and unethical. I'm
           | the asshole if I do it.
           | 
           | There's plenty of blame to go around. But at current, we
           | really do have to do better as a community and refuse these
           | requests far more often than we currently do.
        
         | 3pt14159 wrote:
         | There are many people that have made quiet choices and can't
         | talk about them for numerous reason. NDAs for example, or, my
         | favourite: Sometimes there is no defence for a certain type of
         | technique. It's just something nobody thought to do but any
         | company could do it, and yet nobody seems to realize it. There
         | is this huge knowledge gap between software developers and
         | almost all business owners.
        
         | prophesi wrote:
         | Our best bet for dark patterns to disappear is via legislation,
         | not putting the onus on developers. The initial premise that
         | everyone cares about privacy simply isn't true, and with the
         | influx of developers in the job market, it's just a matter of
         | finding someone with similarly lax ethics.
        
           | colejohnson66 wrote:
           | The saying "a sucker is born every minute" kindof applies
           | here. Just because you and a majority of people care about
           | ethics, doesn't mean every programmer does. And all it takes
           | is one who doesn't for the company to be able to implement
           | it.
           | 
           | The free market only works to an extent, and harm to
           | consumers is a valid reason for the government to step in.
        
             | ryandrake wrote:
             | Long ago in my career, I was asked to essentially cheat
             | benchmarks. Our software was often benchmarked by third
             | parties to compare the product's performance across
             | competitors. Our product was not as good, so after
             | squeezing in every legit performance improvement we could
             | possibly find, I was eventually asked to write code that
             | queries the application running, and if it was a known
             | benchmark program, just drop expensive API calls in a way
             | not very noticeable. This would produce incorrect, but
             | fast, output but only for benchmarks. I told my manager
             | respectfully that's where I draw the line. He said, that's
             | totally OK, I kept my job and he just assigned someone else
             | who didn't care about the ethics. Quit a few months later
             | for this and other reasons.
             | 
             | I'm a big believer in being part of the solution, not the
             | problem, but there are always plenty of developers who
             | don't care at all and are fine with "sure, boss, whatever
             | you say, boss".
        
             | foxtrottbravo wrote:
             | You reminded me of a saying I've heard a while ago which
             | May be roughly translated to "the mother of suckers is
             | always pregnant"
        
               | quesera wrote:
               | I love these non-sequitur literally-mostly-correct-but-
               | conceptually-totally-wrong translations of aphorisms and
               | titles.
               | 
               | One of my faves: in a Spanish-speaking country, an Ernest
               | Hemingway book published (legal status unknown) in
               | English, titled "Goodbye to the Weapons".
               | 
               | Another: from a customer service rep in Southeast Asia:
               | "If I am in your shoe..."
        
           | kilburn wrote:
           | The fact that legislation exists has done me wonders fending
           | against dark patterns.
           | 
           | Real example:
           | 
           | Client> We want the "I agree" button checked by default
           | 
           | Me> I'm not a lawyer, but I think this goes against the GDPR
           | in that users must give their consent by action, not by
           | inaction. I would advise to at least check with your lawyers
           | first.
           | 
           | Client> Oh! I'm so tired of those laws, we'll get back to you
           | after checking.
           | 
           | (a couple days later) Client> Yeah you were right, lawyers
           | say we'd better leave it unchecked.
           | 
           | I know that client very well. I would have _never_ been able
           | to convince them on a morality argument.
           | 
           | What's more, after a few interactions like the above now they
           | don't bother going to the lawyers anymore. I just say "I'm
           | not sure this is acceptable" and they immediately agree to
           | whatever non-shady alternative I propose.
        
           | danuker wrote:
           | If OP's client is in the EU, then what was asked is already
           | illegal.
        
           | dylan604 wrote:
           | >Our best bet for dark patterns to disappear is via
           | legislation
           | 
           | And what would the language you propose look like for this
           | legislation that doesn't have loopholes, caveats, etc for
           | people to get around once the lobbyists are done with it?
        
             | wildrhythms wrote:
             | Sometimes it comes down to a judge simply deciding "I'll
             | know it when I see it."[1] I think the bigger problem is
             | our judicial and legislative system doesn't have the
             | periphery to fully grasp how vast and damaging of a problem
             | dark patterns present.
             | 
             | [1] https://en.wikipedia.org/wiki/I_know_it_when_I_see_it
        
               | dylan604 wrote:
               | Do judges have this kind of power any more? Thinking in
               | terms of all of the mandatory minimums and what not that
               | tie judge's hands in deciding cases.
               | 
               | Judges being able to "know it when they see it" would be
               | the only way "spirit of the law" type of legislation
               | would work. Then you have the problem of Judge A in
               | District 1 being much more lenient than Judge B in
               | District 2. Not sure if that's a bad thing or not, just
               | mentioning things.
        
             | rkangel wrote:
             | > And what would the language you propose look like for
             | this legislation that doesn't have loopholes, caveats, etc
             | for people to get around once the lobbyists are done with
             | it?
             | 
             | It already exists - it's called GDPR. It deals with the
             | root cause of this design pattern which is collecting data
             | about clients secretly. It's enacted in the EU and it's
             | excellent. It's not perfect - there's still some oddities
             | and extra work for implementers (and the 'accept cookies'
             | on every page thing is a faff for users) but the overall
             | effect is extremely positive.
        
               | Nextgrid wrote:
               | The GDPR is absolutely not enforced. I've reported this
               | exact dark pattern to the ICO over a year ago and nothing
               | happened.
        
               | brewdad wrote:
               | Lax enforcement is a separate issue from saying it's not
               | possible to even write a useful law in the first place.
               | Both are needed but the rules need to exist before we can
               | even consider enforcement mechanisms.
        
             | GavinMcG wrote:
             | The knee-jerk reaction that writing good legislation is
             | just _too hard_ seems to always come up. But it 's harmful.
             | We don't need to have model language ready to ship just to
             | be allowed to discuss whether an individual or collective
             | solution is appropriate for the problem, and "you haven't
             | perfected the details" is an unhelpful conversation
             | stopper. It represents the worst kind of cynical
             | resignation. In the long run, that's just as fatal to
             | democracy as the lobbyists you're worried about, because it
             | shows you've already given up.
        
               | roenxi wrote:
               | Writing good legislation is really easy. The issue is
               | that the more power you concentrate in one decision
               | making body (in this case, legislators) the more
               | important the issues they deal with are.
               | 
               | That consumes bandwidth, and means that these sort 'they
               | should step in and decide how people write software!'
               | ideas are going to get corrupted by pressure groups who
               | want to use the power to achieve their own ends.
               | 
               | If I have to vote for someone who is going to enact
               | policy I actually want, and the trade off is they are
               | shady on web implementation policy - I don't care about
               | web policy that much. No-one does. The government can't
               | possibly put out reliably good regulation on the range of
               | topics that people want good regulation while that
               | dynamic is in play.
        
               | GavinMcG wrote:
               | The government can't possibly put out perfect legislation
               | in _every_ area, no. But it 's ridiculous to assume that
               | everything is inherently corrupted and that there's never
               | any hope. I mean, sure, _if_ every member of Congress is
               | shady on web policy but shares your views on more
               | important issues, then web policy falls behind. But that
               | 's just your cynicism speaking - you've got no reason to
               | think that web policy is automatically lacking support.
               | 
               | The other fault in your model is that Congress actually
               | delegates the vast amount of lawmaking to administrative
               | agencies, who are equipped to deal with the less
               | important issues. The FTC, the CFPB, or the FCC could all
               | credibly claim some authority over dark pattern
               | regulation, though I don't know enough admin law to know
               | who would be most appropriate. Agency rulemaking isn't a
               | perfect process either, but it doesn't have the
               | concentrated power problem you're describing and it deals
               | with _tons_ of lower-priority topics. Go read the Federal
               | Register: https://www.federalregister.gov/
        
               | dylan604 wrote:
               | The knee-jerk reaction is a knee-jerk reaction to the
               | thought that legisilation is the end all be all of a
               | problem. Marijuanna legilisation in the early states made
               | it so difficult that it was better to stay underground. I
               | remember in California the pro-marijuana people were
               | actually opposed to the rules as written and being voted.
               | 
               | Talking is cheap. We've been talking. Most of the
               | congress critters in office now do not understand most
               | what's being legislated (if they've even read the full
               | bill past the talking points). That's why most bills are
               | actually written by lobbyist groups, and the congress
               | critter just puts their name on it. Surely, there's
               | nothing that could go wrong with that now is there?
        
               | GavinMcG wrote:
               | It's not the be-all-end-all but it's also not a knee-jerk
               | thought. Legislation (and government) is _how we solve
               | the collective action problem_. That 's what it's there
               | for.
               | 
               | Sure, individual developers should stop deploying dark
               | patterns. Many many developers _do_ , though, and saying
               | they shouldn't isn't going to change things. Change
               | requires collective action, rather than expecting a huge
               | number of developers to magically reorder their
               | priorities. And unless you think a nationwide ad campaign
               | is _more_ feasible, that means legislation.
        
               | dylan604 wrote:
               | >And unless you think a nationwide ad campaign is more
               | feasible
               | 
               | On a tangent, I wonder what the response rate of
               | Facebook's nationwide ad campaign looks like. Not really
               | sure what the point of Facebook's campaign is, but it's a
               | really lame ass commercial. I hope they are paying above
               | market rate for it too. Any laws being passed to regulate
               | Facebook would immediately be suspicious to me wondering
               | how much FB spent to write said legislation. Just like
               | when the rules regulating TV owners could only own a
               | certain percentage didn't make anyone actually sell
               | anything. So many pieces of legislation are like this. I
               | don't see "Don't be evil on the interwebs" regulations
               | being any different. Maybe I'm cynical, maybe I'm too
               | pessimistic, but it's not like I'm grabbing my hesitancy
               | from air.
        
               | squiggleblaz wrote:
               | So the law is likely to get watered down. But what's a
               | good goal? What would be an effective limitation on
               | online advertising companies?
        
               | dylan604 wrote:
               | Wasn't trying to derail conversation into ad companies.
               | Just used some examples on how laws aren't always about
               | public interest, but more the interest of those being
               | affected by the law so the effect is the least disruptive
               | as possible.
        
               | rsj_hn wrote:
               | The knee-jerk reaction is running to the government to
               | try to make whatever you don't like illegal. Which is
               | getting more and more common. On college campuses it's
               | getting more common for kids to call the police when they
               | see something that offends them, including speech that
               | offends them. They just assume that they have a right to
               | a higher government power to make illegal whatever is bad
               | in the world. That is the knee jerk reaction here.
               | 
               | The idea that software patterns can be made illegal is
               | just absurd, and goes against the early vision of the
               | free software movement which recognized the most
               | important thing was the freedom to write software, rather
               | than the freedom to get a job writing exactly the
               | software you think you should be writing, and the right
               | to throw employers in jail if they fire you for not doing
               | what you're told on the job.
        
               | chriswarbo wrote:
               | > The idea that software patterns can be made illegal is
               | just absurd, and goes against the early vision of the
               | free software movement
               | 
               | The free software movement has never been about a
               | libertarian, free-for-all, wild-west. In particular, it
               | has always been about taking power _away_ from
               | developers, and giving it to _users_ (e.g. see gnu.org
               | /philosophy ).
               | 
               | Whilst FSF, GNU, etc. don't advocate banning certain
               | software (AFAIK), they're certainly not averse to
               | government intervention for social good. GNU Taler is a
               | good example: a cryptocurrency which offers anonymity to
               | buyers, but sellers remain identifiable for tax
               | collection.
               | 
               | Also note that 'freedom 0' (freedom to run the software
               | for any purpose) only requires that a license _itself_
               | doesn 't impose restrictions on users. It's taken for
               | granted that users are already restricted by _other_
               | mechanisms. For example, a license with a clause like
               | "the software must not be used to commit bank fraud"
               | would be non-free, but that doesn't imply that the free
               | software movement approves of bank fraud; simply that (a)
               | in places where bank fraud is illegal, such a clause is
               | redundant, and (b) in places where bank fraud is legal,
               | such a clause would constitute a developer exercising
               | unjust power over users.
        
               | mjsir911 wrote:
               | > The knee-jerk reaction is running to the government to
               | try to make whatever you don't like illegal.
               | 
               | The things I advocate the government to ban are things I
               | believe are _bad for society_.
               | 
               | I don't like ice-cream, but I don't advocate for an ice-
               | cream ban because I don't believe ice-cream is tearing
               | apart our society at the seams.
               | 
               | Dark patterns are _bad for society_ , and prey on
               | people's miscalculations and inefficiencies of our
               | chemical-brains. In the same way that child labour came
               | up because it was profitable short term, but it was
               | decided against that it was still a bad thing for
               | society.
               | 
               | The government's job is to steer society to a better
               | place, god knows we'll take it down a bad path left
               | unsupervised.
        
               | weeblewobble wrote:
               | Personally, I just think specificity makes for more
               | interesting discussion. It's easy to say "there oughta be
               | a law" but it's kind of empty calories, intellectually.
               | Responding with aggressive negativity to people asking
               | you to be more concrete is a real conversation stopper.
        
               | GavinMcG wrote:
               | I don't mind a specific discussion. I react with
               | negativity to two things: the expectation that the next
               | step in the conversation can't happen without some
               | fleshed-out perfected proposal, and the demand for
               | _someone else_ to come up with that solution, rather than
               | making a positive contribution oneself. The problem isn
               | 't "asking you to be more concrete" because you can do
               | that while avoiding those two negative contributions.
               | 
               | For example, a response could have been:
               | 
               | > How would you tailor that law? I have a hard time
               | describing exactly what's wrong with dark patterns in a
               | way I think would be enforceable, even though I know it
               | when I see it.
               | 
               | or
               | 
               | > I think a law would have to be carefully written. One
               | starting point might be requiring cancellation to be
               | available using the same process as subscription - for
               | example, if there's a signup form online, there must be
               | an equivalent cancellation form.
               | 
               | which are at least _contributions_ rather than just an
               | insistence that there 's a problem that has to be
               | addressed before these ideas can even be considered.
               | 
               | Even just "what language would you propose?" without all
               | the baggage of the original comment at least moves the
               | discussion forward.
        
               | dylan604 wrote:
               | The conversation stopping seems to be the agenda of
               | modern day. Nobody actually wants to solve issues,
               | because then they can't argue on the issue any longer. So
               | when the questions get tough, pivot, gas light,
               | whataboutism, whatever to avoid getting pinned down.
               | 
               | For actual furthering of the discussion on wording,
               | something vague like 'any dialog presented to user must
               | be done in the most consumer friendly manner' isn't very
               | good because it's too vague. Getting specific like
               | 'automatically checking/highlight/enabling the options
               | vendor prefers' is too specific because then the vendor
               | would use something not a check/highlight/etc. These kind
               | of things are ripe for "spirit of the law"
               | interpretations, but we've long since given up that kind
               | of good intentions.
        
             | prophesi wrote:
             | I would guess that EFF would do the hard work of combing
             | through the text, and sound the alarm if it has such
             | glaring issues.
        
         | shrimp_emoji wrote:
         | >spineless creatures not being able to stand up for their
         | principles
         | 
         | Why assume they have principles?
        
         | NaturalPhallacy wrote:
         | >When developers - professionals who enjoy royal treatment on
         | the job market at the moment - are too afraid to upset their
         | employers over an ethical question, it makes me mad.
         | 
         | I feel like a lot of people saying this lately haven't tried to
         | get a job since the pandemic.
         | 
         | Invitations to apply from recruiters whose job it is to get
         | people in the door are not job offers, nor royal treatment.
        
         | matheusmoreira wrote:
         | > sorry for the harsh tone but I don't know how to say it any
         | other way
         | 
         | You shouldn't have to apologize. Nothing wrong with being
         | harsh. We _should_ be harsh, especially with people who
         | perpetuate these unacceptable practices. Indignation is a
         | perfectly valid response when faced with this.
        
         | dragonwriter wrote:
         | > When developers - professionals who enjoy royal treatment on
         | the job market at the moment - are too afraid to upset their
         | employers over an ethical question, it makes me mad.
         | 
         | Sure, that's understandable.
         | 
         | But to be understand it, also remember that when highly paid
         | experts that get royal treatment so long as they conform
         | confront employers over ethical issues...you get the Google
         | Ethical AI massacre.
         | 
         | "Royal treatment" isn't unconditional, and means you have a lot
         | to lose.
        
         | Silhouette wrote:
         | _Most probable reason is that business owners are assholes._
         | 
         |  _Some_ business owners are. Some of us do try to run our
         | businesses in ethical ways, despite knowing very well that we
         | could probably make a lot more money if we included a dark
         | pattern or two. It would be nice if people could at least not
         | insult us while we 're doing it by lumping us in with the $$$
         | crowd and normalising the bad behaviours we want to resist.
        
         | teclordphrack2 wrote:
         | There is a reason big tech likes to hire from abroad. While you
         | do get added value from different countries and cultures you
         | also get different morals and motivation.
         | 
         | Another reason is that it is kind of hard to care about privacy
         | when you need to send half your check back home to support
         | extended family that is in poverty.
        
       | Supermancho wrote:
       | Experian's FreeCreditReport.com (in)famously, within the company,
       | sells off your email many times IF THAT IS ALL YOU FILL OUT on
       | the site.
        
       | panic wrote:
       | What are we, as an industry, going to do about our complete
       | abdication of responsibility for taking care of people's personal
       | data? It can't just be up to individuals installing protective
       | browser plugins. What would a future where people have real
       | privacy on their computers look like? And is there a way to get
       | there from where we are now?
        
         | president wrote:
         | It can never happen because there is a never ending supply of
         | people who will set aside ethics for personal gain. I have
         | worked for over a decade in the software industry in over 5
         | different companies large and small and I have never once seen
         | an example where a leader put ethics over profits. Most small
         | businesses live or die based on their next sale and most large
         | businesses need growth at any cost to legally satisfy their
         | fiduciary obligations to their shareholders.
        
         | BSVogler wrote:
         | Lobby for something like GDPR. Half the stuff in this thread is
         | illegal in the EU.
        
       | josefresco wrote:
       | Similar but not exactly the same...
       | 
       | Zoominfo sells a tool that will "auto fill" visible or hidden
       | form fields based on the user's initial input.
       | 
       | https://www.zoominfo.com/solutions/formcomplete
       | 
       | The tool is marketed specifically as a way to reduce the number
       | of "visible" form fields.
       | 
       | At least in this case, the user has to actually _submit_ the
       | form.
        
         | robocat wrote:
         | Does Zoominfo get the browser to autofill a bunch of fields
         | that are obscured from the user? Interesting...
        
           | josefresco wrote:
           | Yes. You can and are encouraged to make forms with just a few
           | fields, and let Zoominfo auto-fill the rest.
           | 
           | When my client made the initial request I responded with "I
           | don't know if that's possible OR legal" and then a couple
           | weeks later they sent me Zoominfo welcome emails and asked to
           | integrate into their web forms.
           | 
           | FWIW, my clients' forms actually display the fields (none are
           | hidden) so I at least can sleep a little better at night.
        
       | javajosh wrote:
       | Good on you! At one point I thought I might want to be a product
       | person at Google and interviewed for it. Their example product
       | was a smartwatch for kids. I told them that I thought that I
       | would object to that product on the basis that kids need fewer,
       | not more screens. I was naive enough to think that this was a
       | trick question but, needless to say, they passed.
       | 
       | I'm still proud of my answer.
        
         | jacobsenscott wrote:
         | There are smart watches for kids, and as a parent I thought
         | they were great (my kid is old enough for a phone now). They
         | had a very limited set of features but my kid could call me or
         | text me silly pictures anytime, and I could call him or text
         | him back. And I could see his current location. They had
         | terrible battery life though.
         | 
         | But I'm not one of those parents who things screens are
         | inherently bad anyway. I think you would be hard pressed to
         | find any credible evidence to the contrary. I grew up on
         | screens and now I have a good job as a programmer where I can
         | provide a good life for my kids.
        
         | jefftk wrote:
         | I don't know, I'm considering one for my kids. The oldest is
         | seven, and it would be great if they could go to the nearby
         | park by themself. Kids watches that function as cell phones
         | would work very well for this.
        
         | ridaj wrote:
         | ? You could've said that it doesn't have a screen. You could've
         | said that it respects children's attention by not offering
         | distractions on demand. It seems to me you can design a smart
         | watch for children with these kinds of characteristics rather
         | than opt out of the exercise altogether.
        
           | javajosh wrote:
           | Those discussions did happen, and I agreed that there was a
           | niche possibility for a product targeted at parents of young
           | children. Maybe. But they didn't want to talk about a niche
           | product (it's Google, after all) and after thinking about it
           | I didn't feel comfortable with the idea at any level - it
           | trains kids and parents to be dependent on tech, trains kids
           | it's okay to be constantly tracked, and while there are
           | undeniable benefits, there are undeniable costs, too. The
           | older the kid gets the more problematic it all becomes.
        
             | m_mueller wrote:
             | As a parent I've actually been thinking about this for a
             | while. These watches are now very common btw, roughly half
             | of the 7-9yo in the neighborhood have em. IMO ~9 should be
             | the minimum age and the tracking should only be activated
             | on press of an emergency button. I haven't yet found a
             | product like that, they tend to give zero control to the
             | kids. Aren't people concerned with their kids learning
             | responsibility?
        
               | MandieD wrote:
               | I'd love to be able to give my kid something that's
               | primarily an analog watch but with an "I'm lost/scared"
               | button.
        
               | JTbane wrote:
               | Just get a flip phone with a prepaid call/text plan.
        
               | polynomial wrote:
               | I feel lost/scared just thinking about this world we have
               | built, with all its perverse incentives.
        
               | Tijdreiziger wrote:
               | A traditional 'dumb' phone seems to loosely fit this
               | definition.
        
               | gnicholas wrote:
               | Can I ask where you're located? I'm in the heart of
               | Silicon Valley and haven't seen this at all.
        
               | m_mueller wrote:
               | Switzerland. It's an expat heavy neighborhood, not sure
               | whether that has an influence.
        
             | ridaj wrote:
             | I'm confused by "the older the kid the more problematic it
             | all becomes"... Older kids eventually turn into adults. Do
             | you mean that tech in general is bad for people?
        
               | mapster wrote:
               | Yet older kids are not adults, they are teens with lots
               | of free time yet responsibilities that effect their
               | future. If they've been groomed to have short attention
               | spans and not curious by screens that play endless video
               | and ads, it seems like a problem in the making.
        
           | option_greek wrote:
           | And they would probably have passed regardless. No
           | distractions and screens probably means no ads and that's
           | most likely a no no for the former do no evil company.
        
             | handrous wrote:
             | You forgot the other thing they love: humanity-scale
             | dragnet surveillance (to feed "the algorithms"). If it can
             | spy on lots and lots and lots of people, they might still
             | be interested.
        
             | ridaj wrote:
             | I suspect that, with their bet on cloud in particular,
             | they're hiring in many places where ads don't matter. Even
             | in the mobile OS world, where ads is eventually where they
             | make some of the money, they have a clear adoption
             | challenge first...
        
           | anshorei wrote:
           | But how will you show the kids ads then?
        
             | haliskerbas wrote:
             | Haptic feedback when you get close to the right Cheerios
             | box or Lego set. Some Pavlovian type stuff
        
               | polynomial wrote:
               | ok, this is the guy we want to hire.
        
               | effingwewt wrote:
               | I quite literally shivered in abject horror at the
               | thought that some advertisng schmuck will read that and
               | jump on it. We need to ban advertising.
        
               | NaturalPhallacy wrote:
               | You'd love The Santaroga Barrier by Herbert.
               | 
               | I typed of this excerpt and have used it countless times:
               | 
               | >To those men in their oddly similar dark suits, their
               | cold eyes weighing and dismissing everything, the people
               | of this valley were a foe to be defeated. As he thought
               | of it, Dasein realized all customers were "The Enemy" to
               | these men. Davidson and his kind were pitted against each
               | other, yes, competitive, but among themselves they
               | betrayed that they were pitted more against the masses
               | who existed beyond that inner ring of knowledgeable
               | financial operation.
               | 
               | >The alignment was apparent in everything they did, in
               | their words as well as their actions. They spoke of
               | "package grab level" and "container flash time" -- of
               | "puff limit" and "acceptance threshold." It was an "in"
               | language of militarylike maneuvering and combat. They
               | knew which height on a shelf was most apt to make a
               | customer grab an item. They knew the "flash time" -- the
               | shelf width needed for certain containers. They knew how
               | much empty air could be "puffed" into a package to make
               | it appear a greater bargain. they knew how much price and
               | package manipulation the customer would accept without
               | jarring him into a "rejection pattern."
               | 
               | >*And we're their spies, Dasein thought. the
               | psychiatrists and psychologists - all the "social
               | scientists" we're the espionage arm.
               | 
               | The Santaroga Barrier,
               | 
               | Frank Herbert, 1968
        
         | deckard1 wrote:
         | > I would object to that product on the basis that kids need
         | fewer, not more screens.
         | 
         | The tortoise lays on its back, its belly baking in the hot sun,
         | beating its legs trying to turn itself over, but it can't. Not
         | without your help. But you're not helping.
         | 
         | Why javajosh? Why aren't you helping?
         | 
         | Would it be too on-the-nose to point out that this hypothetical
         | smartwatch would probably be running Android?
        
         | matsemann wrote:
         | I once was contacted by a recruiter from the company owning
         | most of the big newspapers in my country. They were putting
         | together a team to be the first in the region to make news
         | tailored for the reader. I turned them down, and actually told
         | them it was on ethical grounds. With how bubbly and divided the
         | news landscape has become the later years I feel that was a
         | good call.
        
       | weeboid wrote:
       | The bigger smell is no version control :D Saving emails
       | `onBlur()` is probably not a dark pattern.
        
         | that_guy_iain wrote:
         | You're getting downvoted while being right. A dark pattern is
         | tricking the user. Not saving the data they enter. But most
         | people around here call anything that is distasteful a dark
         | pattern.
        
           | dharmaturtle wrote:
           | > Dark Patterns are tricks used in websites and apps that
           | make you do things that you didn't mean to, like buying or
           | _signing up for something_.
           | 
           | https://www.darkpatterns.org/
        
             | that_guy_iain wrote:
             | Yea it isn't tricking them into something. It's capturing
             | data they've input.
        
           | surround wrote:
           | It is a dark pattern - it tricks the user into thinking their
           | data won't be submitted until they click "submit," but
           | instead saves it right away. It would only not be a dark
           | pattern if the form clearly said "your email address will be
           | uploaded to our servers immediately after typing it."
        
             | that_guy_iain wrote:
             | Why were they tricked into thinking that? OP didn't mention
             | any text stating that. Lots of sites send updates
             | constantly, I've never been tricked into thinking they
             | didn't I just wasn't explicitly informed. Which is a
             | difference.
             | 
             | As I said, it is distasteful but not a trick.
        
       | atum47 wrote:
       | I have one comment about this: If a bridge or a building
       | collapses they would go after the engineer who signed the
       | project. Same with accountants and other professions. We should
       | start holding tech companies and software engineers accountable
       | as well. Is your software spying on people? Using dark patterns?
       | Well, I think you should face the consequences of your actions.
       | Software are as real as buildings or bridges now a days. Storing
       | the users passwords as clear texts? Using admin:admin for
       | credentials? Come on...
        
       | nscalf wrote:
       | I previously worked on couple of companies that flirted with the
       | line on some of these dark patterns. As far as they go, this one
       | is pretty benign. If I recall correctly, I was for doing this
       | pattern. There is enough intent there (putting your whole email
       | into the user form) that it really doesn't feel like abusing the
       | user. That being said, me and my coworker had to fight back and
       | refuse to build a few other dark patterns.
       | 
       | The real issue is the legitimate companies that take it way past
       | dark patterns. Credit rating bureaus that scrape 100% of your
       | data and the data of anyone you've ever been near, Facebook
       | stalking you across the internet, etc. As far as I'm concerned,
       | if it's okay for Facebook to do this exact dark pattern on
       | everyone in the world, I can make a stupid directory site have a
       | little more juice.
        
         | rytor718 wrote:
         | I don't see how this is benign in any sense, but I may be
         | missing something. If I type my email into a box on a website
         | ...and decide a moment later NOT to press "Submit". My
         | expectation is that my email was NOT saved to the server. I
         | didn't consent.
         | 
         | How is this pretty benign?
        
           | whynaut wrote:
           | It sounds like they mean relative to the stuff they were
           | working on. Very colloquial.
        
         | surround wrote:
         | If it's "pretty benign" to save a user's email before they
         | click submit, then it wouldn't be a big deal to inform the user
         | that you just saved their email instead of trying to silently
         | hide the fact.
        
       | gccs wrote:
       | I assume everything I enter into a form is recorded, even if I
       | don't hit submit. I'm surprised they were listening to onBlur
       | instead of onKeyPress. Partial information could be exploitable
       | too.
        
         | polynomial wrote:
         | This hasn't been implemented by any teams I've been on. If
         | companies were doing this, I believe (or at least hope) we
         | would hear about it from implementors.
        
           | nitrogen wrote:
           | _I believe (or at least hope) we would hear about it from
           | implementors._
           | 
           | I was acquainted with some black hats in junior high and high
           | school. Guessing how they are as adults, I'm pretty sure you
           | can always find someone who will do it for the lulz, if not
           | for the money.
        
           | progmetaldev wrote:
           | There are form builders out there where you have the option
           | to record data as it is entered. It is simply a checkbox in
           | the form builder.
        
       | nice2meetu wrote:
       | My wife hit this the other day. She entered her info on a
       | website, gave up, and then got a polite email from them,
       | something like: "Hey, we noticed you started filling in our form
       | but didn't complete it, are you sure you don't want to sign up
       | with us". She was furious, and we wrote a reply saying how
       | unethical we thought this was. It was a small business (swim
       | school I think).
        
         | 3GuardLineups wrote:
         | life must be beyond exhausting if thats enough to make your
         | wife furious
        
       | andybak wrote:
       | Not enough information here to know if they made the right call.
       | 
       | I can imagine situations where this is to the user's benefit and
       | the company could handle the data ethically.
       | 
       | Example: Situations where the user would be likely to have very
       | unreliable connection and be on the page with the email field for
       | some time with other data entered that they wouldn't want to
       | lose.
       | 
       | It might seem a bit contrived but I've had similar scenarios in
       | the past.
       | 
       | EDIT - as others mentioned localStorage is a better solution for
       | this problem.
        
         | benjaminjosephw wrote:
         | Possibly beneficial and useful features can still be dark
         | patterns. Whether or not there is any potential user-value is
         | irrelevant to the ethics of design decisions like these.
         | 
         | If you're dealing with user data you should never compromise a
         | basic respect for that user's intent. Designing for implied
         | consent where consent should be explicit (e.g. sharing personal
         | data) is unambiguously a dark pattern.
        
         | alpaca128 wrote:
         | > Example: Situations where the user would be likely to have
         | very unreliable connection and be on the page with the email
         | field for some time with other data entered that they wouldn't
         | want to lose.
         | 
         | Data entered in a form don't require an active connection. If
         | submitting the form fails you can resubmit it.
         | 
         | Usually such issues start to appear when companies decide to
         | implement their own custom UI from the ground up in a way that
         | the result can only be described as undefined behaviour and
         | things like input fields reset their state when you look at
         | them the wrong way.
        
           | gumby wrote:
           | > Data entered in a form don't require an active connection.
           | 
           | Such an important property of the web. Server sends a
           | description of what it wants, client renders and handles
           | interactions. Things like server side rendering are anti-web.
           | 
           | Server-side rendering, streaming video, and such aren't
           | incompatible with _internet_ philosophies in the slightest,
           | just not aligned with the intent of the www. Apps, even the
           | ones that aren't merely web views, are more www-like in this
           | regard.
        
         | danpalmer wrote:
         | I think there's a very reasonable general expectation on the
         | web that your data isn't used until you've clicked
         | submit/save/etc. I don't think that this practice could be
         | claimed to have "informed consent", even if the privacy policy
         | mentions it explicitly.
         | 
         | You're right there are places where this sort of thing can be
         | useful, but they're rare, and could even be handled client-side
         | in many cases.
        
           | JohnBooty wrote:
           | I think there's a very reasonable general expectation on the
           | web that your data isn't used until you've clicked
           | submit/save/etc
           | 
           | I definitely have this expectation and would be angry if it
           | was violated.
           | 
           | I wonder: do non-engineers have this expectation? In 2021?
           | 
           | I've been involved with web development since the more or
           | less earliest days. Back when websites were mostly static
           | pages, and eventually spouted some forms here and there.
           | 
           | But, would a non-greybeard engineer have this expectation
           | today now that UX is generally so different and "app-like"
           | and anything you see in your web browser can basically be
           | _assumed_ to be in constant communication with the server(s)?
           | 
           | Please note that I don't think the current state of affairs
           | is really an improvement. In fact, I more or less hate the
           | "modern" web. I'm just curious about how user expectations
           | have changed.
        
         | IggleSniggle wrote:
         | Then save it to local storage
        
           | tgv wrote:
           | Then you can't send them reminder emails, can you? No, this
           | was pretty sleazy, and quite probably in violation of the
           | GDPR.
        
         | Kaze404 wrote:
         | That's why LocalStorage exists.
        
         | sixothree wrote:
         | I know of a situation where someone refused to do something
         | maybe 1/4th as shady as this. It sounded semi-reasonable to me.
         | 
         | In this case, the boss simply assigned the task to someone
         | else. Employee stayed employed.
        
       | mwill wrote:
       | Semi-related, not exactly a dark pattern put a job I bailed on
       | early in my career for ethical reasons.
       | 
       | I was hired to build a rudimentary tool for detecting nudity in
       | images, over large datasets, as fast as possible/reasonable, with
       | a pretty generous margin of error. The agreed pay was extremely
       | good for the performance the client wanted.
       | 
       | Not long after I started, after getting an advance payment, one
       | of the clients called me and very tactfully broke the news to me
       | that what they actually wanted was a tool that would detect women
       | in bikinis, or showing lots of skin, and that they would be
       | crawling social media and photo sharing sites, and their
       | 'service' was a private premium forum that included a section
       | where members could trade pictures of girls they knew, and they
       | wanted to add a gallery of girls who post bikini pictures, with
       | their real names and locations and links to their socials.
       | 
       | I re-payed the advance that day, and it very much shaped my
       | approach to consulting.
        
         | sloshnmosh wrote:
         | Scraping for bikini pics?
         | 
         | Reminds me of this lawsuit against Facebook:
         | 
         | https://www.wired.com/story/facebook-six4three-bikini-app-la...
        
         | jacquesm wrote:
         | Props to you.
        
         | effingwewt wrote:
         | Thank you for having the fortitude to put your money where your
         | morals are. It's one thing to turn something down, it's another
         | entirely to give up money already earned and the prospect of
         | more to come.
         | 
         | So, Thank you, for truly leading by example.
        
         | gjsman-1000 wrote:
         | You know what? I know that scraping is currently legal, but
         | then we end up with things like that company or Clearview AI.
         | We need some laws, ASAP, prohibiting data for being scraped for
         | specific reasons.
         | 
         | Also, I have some friends in insurance companies, and they say
         | that the insurance companies right now are actively trying to
         | learn how to scrape people's social media - secretly - so they
         | can catch "dangerous" behavior or violations of their rules. My
         | dad's client was telling how there was a guy who was running a
         | happy hour secretly in his insured bar, and his company which
         | scraped Facebook found posts from other people saying "great
         | happy hour at this bar", he reported it to the insurance
         | company, and they sent the bar the bill. That's freaky and
         | should be illegal as a violation of privacy.
        
           | Ueland wrote:
           | [deleted, wrong post]
        
             | dewey wrote:
             | https://www.forbes.com/sites/emmawoollacott/2019/09/10/link
             | e...
        
           | refulgentis wrote:
           | I don't think it's freaky at all, I do find it freaky that
           | there's people who will choose fraud over code as soon as
           | code was anywhere in the loop that caught the fraud.
        
             | gjsman-1000 wrote:
             | Yes - because where does it end? China, which has
             | surveillance on anything and everything? I _don 't want to
             | live_ in a society where everything is monitored by people
             | I don't know and haven't heard of secretly, and neither I
             | think do you.
             | 
             | Remember, this wasn't the insurance company that was
             | spying. This was a data broker whom you've never heard of,
             | who scrapes social media pages, and gets paid by insurance
             | companies for reports. A bounty hunter using computers and
             | scraping. That's dystopian.
        
               | vagrantJin wrote:
               | > Yes - because where does it end? China, which has
               | surveillance on anything and everything?
               | 
               | The anti-Chinese rhetoric on HN is starting to grate.
               | 
               | You don't live in the DPRC. How do you know what China
               | does with surveillance if any?
        
               | alasdair_ wrote:
               | > You don't live in the DPRC. How do you know what China
               | does with surveillance if any?
               | 
               | The same way we know what happened with the SS or the
               | Stazi - lots of detailed evidence, first hand accounts,
               | reports from other intelligence agencies etc.
        
               | refulgentis wrote:
               | Customers using their speech to praise your business, in
               | the process revealing you committed fraud, and the
               | insurance company hearing the customers, is not "China".
               | 
               | If all this speech was in a central repository by
               | government mandate, I agree it's China
        
               | gjsman-1000 wrote:
               | It's more that I don't think it's the damn business of
               | any private, nameless entity to scrape my social media
               | posts and collect them in a secret database. I signed up
               | for _Facebook_ and their privacy policy, not for
               | anonymous people who can affect me in the real world
               | without due process to save all of my posts and harvest
               | information about me from them. And then link it to all
               | of my profiles from LinkedIn and elsewhere across the
               | internet into one central database they can sell people
               | and my insurance company, because make no mistake that's
               | what they do.
        
           | sopooneo wrote:
           | I think I get the tech side of this and how creepy it is to
           | be caught that way. But what is nefarious or needs to be
           | secret about a "happy hour"? Isn't that just a promotional
           | event for bars/restaurants where discount food/drink sales
           | for some period?
           | 
           | Edit: Maybe I get it. It seems certain states have made it
           | illegal to run "happy hours", presumably because people drink
           | too much and behave badly.
           | https://spoonuniversity.com/place/why-did-these-8-states-
           | mak...
        
             | SllX wrote:
             | Even if it's not illegal in that State, it's also possible
             | that the insurer deemed it to be a higher risk and would
             | have just charged a higher premium.
             | 
             | If the bar owner didn't want to pay that higher premium but
             | did want to run a happy hour at his bar, and told the
             | insurance company that he didn't have happy hours at his
             | bar, then well, he lied to the insurance company. They
             | could have found out another way, by sending a mook down
             | the way, but this saved labor and expense claims, and maybe
             | even on their own insurance bills if something happened to
             | the mook in the bar during the happy hour.
             | 
             | By the way, just pointing out another hypothetical here; we
             | don't have sufficient information to be making judgement
             | calls on that specific situation.
        
             | extra88 wrote:
             | In some places, like Massachusetts, happy hours (happys
             | hour?) are illegal, I think the on the theory that they
             | promote binge drinking.
        
           | avz wrote:
           | I am concerned that the type of defense of privacy
           | exemplified by your argument (that reporting the happy hour
           | to the insurance company was a privacy violation and should
           | be illegal) will backfire sooner or later.
           | 
           | Assuming that the guy was running a happy hour in a place
           | where they are banned, your argument reinforces the view that
           | privacy is only needed for those who break the law.
           | 
           | Explaining why privacy is important is hard enough as it is.
           | Please don't make it harder.
        
           | yebyen wrote:
           | God forbid people are happy for an hour, we've got to raise
           | their insurance premiums. You know in Indiana, it's actually
           | not even legal to have any happy hour promotions wherein the
           | drinks are cheaper but only during a certain window. If you
           | want to make people happy with drink specials, you have to
           | offer them the same drink special all day long. (And so
           | that's how we do...)
           | 
           | Happy hour here is just when you can get a $2 cheeseburger,
           | or $0.50 wings on special. I had never even considered
           | something like a happy hour being reflected on your insurance
           | premium.
        
           | squiggleblaz wrote:
           | > You know what? I know that scraping is currently legal, but
           | then we end up with things like that company or Clearview AI.
           | We need some laws, ASAP, prohibiting data for being scraped
           | for specific reasons.
           | 
           | I don't think there's anything about scraping that makes this
           | disgusting. It would be equally bad if individual people
           | uploaded compromising photos of their exes.
           | 
           | The issue here is that people need control -- not ownership
           | -- over their image and personal data/information. (The
           | difference I intend to draw between control and ownership, is
           | that the legal notion of control would be written in such a
           | way that the fine print is irrelevant. Most online systems
           | have some fine print somewhere giving the site owner certain
           | rights over your content. Such fine print about a person's
           | image needs to be rendered such a risk that if a business
           | owner suggests including something like that to a lawyer, the
           | lawyer starts quivering in their boots. "If I include such a
           | clause, I will never get paid, because within half a
           | nanosecond of it being visible you will be sued into kingdom
           | come and your great grandchildren will still be paying off
           | your debts."
        
           | stickfigure wrote:
           | > running a happy hour secretly in his insured bar
           | 
           | Can you explain what this means and why it is a problem?
           | --Confused
        
             | grawprog wrote:
             | Not OP, but a happy hour is usually a period of time when
             | bars serve discounted drinks and such.
             | 
             | https://en.m.wikipedia.org/wiki/Happy_hour
             | 
             | It's illegal in several States. It was only made legal here
             | a couple of years ago.
             | 
             | >The reason for each ban varies, but include: to prevent
             | drunk driving, avoid the nuisance to neighbors from loud
             | crowds and public drunkenness, and to discourage unhealthy
             | consumption of a large amount of alcohol in a short time.
        
               | stickfigure wrote:
               | I did not realize happy hours were so contentious. Call
               | it the California bubble.
        
               | grawprog wrote:
               | Yeah, it was a big deal when they made it legal here.
               | Bars, restaurants everywhere started doing them like
               | immediately. Now it's rare to find a place that doesn't
               | offer some kind of happy hour special.
               | 
               | Gotta say, I haven't really noticed any of the problems
               | occuring that the wiki article mentions was the reasoning
               | behind most bans myself. Haven't seen any news reports
               | about those things since the laws changed either or
               | anything.
        
               | FireBeyond wrote:
               | That's a little bit symptomatic of your biases. Laws
               | against happy hours are far more a bible belt thing in
               | reality than a nanny state thing (even if some of the
               | reasons touted publicly are nanny state-ish).
        
             | thatguy0900 wrote:
             | Happy hour is when drinks go on a huge discount for a set
             | time period. You get a lot more seriously drunken people
             | since it encourages binge drinking. I would assume that
             | just carries a higher insurance premium to have one.
        
         | fidesomnes wrote:
         | I am trying to find the unethical part of this, care to
         | enlighten us?
        
           | ehutch79 wrote:
           | You might actually want to get a psych eval if you can't
           | figure out how that's unethical.
           | 
           | This is not sarcasm, or me trying to be mean.
        
             | fidesomnes wrote:
             | Okay so you read 1984 as an instruction manual and not a
             | warning. Cool beans.
        
           | thehappypm wrote:
           | Grabbing images of women from social media, and aggregating
           | them without their consent, is not necessarily illegal, but
           | it's certainly exploitative and creepy.
        
             | wutbrodo wrote:
             | This is just restating the question. "Exploitative and
             | creepy" doesn't have a whole lot of semantic content beyond
             | "wrong".
             | 
             | I took a whack at articulating _why_ it's wrong while not
             | quite fitting a clear definition of malfeasance here:
             | https://news.ycombinator.com/item?id=27632365
        
             | willcipriano wrote:
             | The pictures are one thing and bad enough. Including
             | location and links to profiles could make you a party to
             | stalking or worse, and that is quite unethical.
        
             | fidesomnes wrote:
             | So gathering pictures on the internet is exploitive and
             | creepy in your opinion. That is quite a leap of faith and
             | I'll take your word that you are not concern trolling but I
             | don't know where you have been the last 30-40 years.
        
           | wutbrodo wrote:
           | I disagree with this comment, but it's a shame (albeit an
           | unsurprising one) that it's flagged into oblivion instead of
           | responded to. I think the question illuminates something
           | interesting about the incompatibilities between our pre-
           | social-media notions of privacy and our current public
           | posting behavior.
           | 
           | I don't have my beliefs on the topic clearly articulated, but
           | I'll give it a crack. There's the argument that public
           | information is public, and that there's no issue in
           | aggregating it or otherwise making it more accessible, as
           | long as the access is through legitimate means. I'm
           | sympathetic to this and understand why people believe it, but
           | I think it contradicts other consensus moral intuitions about
           | privacy rights. A salient example that other HNers may be
           | familiar with is the doxxing of Scott Alexander; any
           | intellectually honest person familiar with the internet can
           | tell the difference between "you can find out who he is if
           | you do some digging" and "real name published by the NYT",
           | despite the pathetic attempts at dismissing the possibility
           | that doxxing him was bad (amusingly, including by people who
           | I am 100% sure would find the bikini example to be a horrible
           | violation). Hell, I was a reader of Scott's for years before
           | I first came across his real name. The entire social Internet
           | is built on security through obscurity, because opsec is hard
           | and many people aren't constantly vigilant.
           | 
           | There's even precedent for these intuitions outside of the
           | social media context. It's uncontroversially okay for
           | someone's face to show up in your photo taken in public; once
           | you've taken it, nobody cares if you study the guy in the
           | background. However, aggregate and operationalize this, and
           | it changes not just in degree, but in character: It's
           | practically a trope in thrillers for universal CC cameras +
           | alphabet-agency elbow grease to stitch together comprehensive
           | tracking of an individual, and the public is rightfully a
           | little creeped out by the thought.
           | 
           | The main difference here is that technology, as always, is
           | democratizing the ability to do this, pushing the threat
           | model from the unrealistic "NSA spends huge resources to
           | track you" to the prosaic "facial recognition can just track
           | and store everyone's movements at low cost" (or "some under-
           | the-radar shop is aggregating your bikini shots") and a
           | million other mundane violations of our moral intuitions. To
           | my mind, we're in the uncomfortable period before a new norm
           | equilibrium is reached that matches the technological
           | context. This has already happened locally: I'm sure this
           | group knows people who have good opsec since the early 2010s,
           | and "treat everything you post as if it's public" is at this
           | point an age-worn piece of wisdom.
        
             | Tainnor wrote:
             | > I'm sympathetic to this and understand why people believe
             | it, but I think it contradicts other consensus moral
             | intuitions about privacy rights.
             | 
             | I mean, I guess that's the reason why it was downvoted,
             | don't you think?
        
               | wutbrodo wrote:
               | "This is reasonable and illuminates something
               | interesting, but I don't agree with it" is pretty widely
               | considered a poor excuse for downvotes without comment,
               | let alone flagging. You're obviously free to downvote
               | whatever you want, but behaving like that is explicitly
               | making this a meaner, dumber, less interesting place.
        
               | Tainnor wrote:
               | I should have quoted only the latter part of your
               | sentence. I disagree that it's an illuminating comment or
               | that the reasoning behind it is strong. And in
               | particular, "I disagree with it" is not in the same
               | category as "most reasonable people consider this to be
               | immoral" (you can question whether we have the same
               | definition for "reasonable", but at some point you'll
               | have to recognise that we all make some decision at some
               | point as to what we consider reasonable or not).
               | 
               | That said, I didn't actually downvote it, I just gave
               | some argument for why I think the downvote was justified.
        
         | hughrr wrote:
         | That sounds about right. I was interviewed for a fairly well
         | known company on contract a number of years ago. I was told the
         | product was top secret and it was going to be amazing etc etc.
         | 
         | So roll in on first day after signing up to fuck knows what and
         | it was a ticket touting company. I listened to their pitch
         | which lasted until lunch, went and got myself a sandwich, sat
         | on a bench and thought "fuck it, this is wrong" and just went
         | home.
         | 
         | When I told the agent he went crazy at me because I'd burned
         | his commission. Gave them the finger too. In some places it's
         | bastards all the way down.
         | 
         | Next time someone pulled that on me, I cut the interview off
         | and only worked for predefined work for a number of years. If
         | something is off grid on your contract, no is the answer.
        
           | sbarre wrote:
           | For anyone wondering (I had to look it up):
           | 
           | ticket touting = ticket scalping.
        
             | jacobsenscott wrote:
             | What's unethical about ticket scalping?
        
               | pao wrote:
               | Come on, man.
               | 
               | Remember those guys last year who would drive around
               | buying up all the masks, selling them online for 10x? You
               | don't know why everybody hated them? This is why:
               | 
               | The original seller has a reputation to protect and
               | doesn't want to be seen as taking advantage. Maybe it's a
               | musician who would rather sell to kids who are willing to
               | wait in line than to whoever has the most money. Maybe a
               | pharmacy selling masks in 2020. The arbitrage opportunity
               | is for somebody with no reputation or scruples, who
               | chooses to see themselves as just an Angel of the Free
               | Market. To everyone else, he's a jerk.
        
               | Causality1 wrote:
               | Is there anything _not_ unethical about ticket scalping?
               | Tickets being non-essential entertainment is the only
               | reason it 's legal.
        
               | neitherboosh wrote:
               | Fans who really want to see their favorite artist/sports
               | teams get extorted, and the money goes to scalpers
               | instead of the artists and venues which are actually
               | providing value. Scalpers provide no value to society.
        
               | randomraccoon wrote:
               | Planet Money has done an excellent episode on this - http
               | s://www.npr.org/sections/money/2013/06/25/195641030/epis.
               | ... While I broadly agree with this, I would say that
               | scalpers can actually provide a service of exchanging
               | money for time and convenience. For example, you may have
               | a free or cheap concert that sells out extremely quickly,
               | but with scalpers, those with lots of money can always
               | get a ticket. Much of the economy is built on the similar
               | concept of arbitrage, where someone buys something
               | cheaply and sells it for a markup to those who lack the
               | ability or knowledge to get it from the seller's source.
               | 
               | That said, scalpers in particular seem to cause a whole
               | lot more harm than good in general. As the above podcast
               | addresses, it's a very difficult problem to solve
               | systemically if you are intentionally undervaluing your
               | goods.
        
               | ketzo wrote:
               | > For example, you may have a free or cheap concert that
               | sells out extremely quickly, but with scalpers, those
               | with lots of money can always get a ticket.
               | 
               | But how do you square that with scalpers _causing_ the
               | tickets to sell out so quickly? I mean, they 're the ones
               | creating their own market. They're not really providing a
               | service if they're the ones creating the annoying _need_
               | for the service in the first place.
        
               | summm wrote:
               | Then just don't pay the inflated price and don't go to
               | the event?
        
               | swagasaurus-rex wrote:
               | Sounds like an oxymoron. Like hoarding toilet paper,
               | gasoline, water during times of emergency, it limits the
               | true supply.
               | 
               | You could argue the "true price" is what the scalpers
               | charge (who will stop drinking water when the prices
               | skyrocket?).
               | 
               | But in reality they squeeze the supply to create
               | artificial scarcity. Any economist knows this is market
               | manipulation.
        
               | phkahler wrote:
               | >> What's unethical about ticket scalping?
               | 
               | It artificially inflates ticket prices by inserting a
               | completely unnecessary middle-man in the purchase
               | process. This is done by people with no intent to
               | actually use the tickets they bought, so it's very much
               | not the same as "oh I can't go would you like to buy my
               | ticket?"
               | 
               | This is similar to a dark pattern I've seen at shopping
               | malls where they offer a valet service, but also rope off
               | all the close parking spaces for valet. This creates an
               | artificial scarcity of close parking spaces which helps
               | to drive the valet business. If they never did this there
               | would be little desire for the valet service.
        
               | dmd wrote:
               | Yeah, that makes no sense. Valet should use the farthest
               | spaces possible.
        
               | ydlr wrote:
               | > >> What's unethical about ticket scalping?
               | 
               | > It artificially inflates ticket prices by inserting a
               | completely unnecessary middle-man in the purchase
               | process. This is done by people with no intent to
               | actually use the tickets they bought, so it's very much
               | not the same as "oh I can't go would you like to buy my
               | ticket?"
               | 
               | I think this is called "retail."
        
               | ratherbefuddled wrote:
               | Retailers are generally providing a service. Somewhere to
               | go and look at and try out a product, many products
               | conveniently under one roof. Scalpers / touts are not,
               | they are parasites.
        
               | ydlr wrote:
               | I agree. I just find it amusing that similar behavior can
               | be viewed so differently depending on context.
               | 
               | There is nothing inherently wrong with middlemen
               | asserting themselves into a transaction. Our whole
               | economy depends on it.
        
               | akiselev wrote:
               | Retailers are also have strict liability for the products
               | they sell. When something goes wrong, it is up to them to
               | make customers right and go after the manufacturer to
               | recover those damages.
        
               | dragonwriter wrote:
               | > Retailers are also have strict liability for the
               | products they sell. When something goes wrong, it is up
               | to them to make customers right and go after the
               | manufacturer to recover those damages.
               | 
               | That's sonewhat misleading about how chain-of-commerce
               | strict liability works. The injured party can sue any/all
               | parties in the chain of commerce directly, its not that
               | the retailer is exclusively directly responsible, and
               | then they have to work up the chain.
        
               | ehutch79 wrote:
               | Not really, as scalpers insert themselves between a
               | retail ticket vendor, and the consumer.
        
               | fennecfoxen wrote:
               | > It artificially inflates ticket prices
               | 
               | On the contrary, it _naturally_ inflates the price.
               | 
               | Tickets that can be scalped were priced at below what you
               | might naively consider "market" prices. The purchasers
               | gain some value from this, and usually the sellers do too
               | -- often in the form of hype, perennially useful for
               | promotional purposes. Someone who scored a hard-to-get
               | ticket for a good price is likely quite excited about it.
               | 
               | But the difference means there is a strong incentive to
               | turn the difference into cash, and even with inefficient
               | processes in the middle, that incentive is substantial.
               | 
               | You can of course spend all day saying it's "wrong" and
               | it's a position you are welcome to take; there are
               | interesting questions we could ask about who should
               | rightly "own" abstractions like the hype, and why, but it
               | is not protected by normal property law, and if property
               | rights don't exist or aren't enforced then you know that
               | the necessary conditions for free-market efficiency do
               | not exist.
               | 
               | But again, it's as _natural_ as any other economic
               | effect.
        
               | ska wrote:
               | > But again, it's as natural as any other economic
               | effect.
               | 
               | Often I hear people supporting scalping as an example of
               | a free market working, and I get that argument.
               | 
               | The problem is the market that actually exists is
               | anything but free, and largely based on deceptive
               | practices and even outright collusion, which is I think
               | what is what a lot of people really object to.
        
               | bun_at_work wrote:
               | How is the price inflation natural? The supply-demand
               | relationship is unnaturally muddled with when someone
               | restricts supply by purchasing all the tickets at once,
               | especially with automated tools average consumers don't
               | have/use. They then just resell the tickets - not at some
               | supply-demand balanced value, but at their determined
               | value, often 200%+ the original price.
               | 
               | Supply is already fixed on things like tickets anyway,
               | due to venue sizes, so this is just further restriction.
               | It's not natural.
        
               | FireBeyond wrote:
               | I'm not a particularly big fan of Kid Rock, for a number
               | of reasons. But he and a few artists had started doing
               | things to thwart scalpers.
               | 
               | Namely, he'd announce tours slowly. And basically the
               | strategy was that as scalpers bought out shows, he'd add
               | another show in the same city. And keep doing that until
               | there was no demand, no resale market, so scalpers were
               | forced to sell at face or near face value. "I can keep
               | throwing dates at you, and you're paying for the seats,
               | so it doesn't hurt me, but no-one will buy them from
               | you".
               | 
               | Eventually the scalpers learned to not, or minimally
               | resell his tickets.
        
               | hughrr wrote:
               | That's pretty funny actually.
        
               | Malician wrote:
               | I mean, the enabling principle behind scalping is that
               | demand is more than supply but supply does not increase
               | to match. More people want the tickets than there are
               | tickets, scalping means it's based on cost instead of who
               | you know or how much time you're willing to spend or how
               | lucky you get.
               | 
               | This doesn't just solve scalping, this fixes the lack of
               | supply of tickets which allows scalping to exist
               | 
               | edit: I'm not sure I completely stand by this. There are
               | various good reasons to sell tickets for cheaper than the
               | maximum price you could and still sell out. Still, it's a
               | harder problem to solve than it looks
        
               | orangecat wrote:
               | _They then just resell the tickets - not at some supply-
               | demand balanced value_
               | 
               | It is the supply-demand balanced value. If it wasn't,
               | they wouldn't be able to sell them.
        
               | bravura wrote:
               | Playing devil's advocate: In a market where value is
               | signalled by scarcity, creating artificial scarcity
               | creates artificial value.
        
               | phkahler wrote:
               | >> Tickets that can be scalped were priced at below what
               | you might naively consider "market" prices.
               | 
               | Maybe. The scalpers are taking a risk buying tickets they
               | may not sell, so it might serve as a mechanism to find
               | the market price for the tickets. OTOH it also creates
               | artificial scarcity which artificially raises the price.
               | 
               | In the end, the scalper is inserting themself into a
               | transaction between two parties that didn't ask for them
               | to do so and were mutually satisfied with the situation
               | prior to that (nothing changed for the seller, and I
               | think most buyers would appreciate the lower price).
        
               | atkailash wrote:
               | On a mass scale like this it makes it impossible for real
               | people who actually care and could have an experience of
               | their lives get a ticket.
               | 
               | If it's Joe Martini on the corner trying to sell his
               | extra ticket to Phantom of the Opera, it's really no big
               | deal imo
        
               | matt74827289 wrote:
               | People tend to not like scalping of any products, it
               | raises the price of the product while adding little to no
               | value. The hate towards scalping is quite visible in the
               | GPU market due to its limited supply
        
               | [deleted]
        
               | mjburgess wrote:
               | It's a weird one.
               | 
               | Events should auction off a percentage of tickets, and
               | reserve a percentage "for fans" -- and all fixed to a
               | name & photo id.
               | 
               | One has to suspect that many events are in-cahoots with
               | scalpers, and are just pricing their tickets below the
               | market for PR reasons.
        
               | sbarre wrote:
               | > all fixed to a name & photo id
               | 
               | You're not the first to think of this I assure you.
               | 
               | Most modern scalper platforms collect your credit card
               | and personal info in advance and use it to buy your
               | ticket with their bot. So even if the venue is matching
               | purchase info to your ID and credit card, it all lines
               | up.
               | 
               | Scalpers aren't hawking tickets on show night 200 feet
               | from the venue on the sidewalk anymore.
               | 
               | You pre-buy through them to guarantee that you'll get the
               | ticket you want since everything sells out super fast
               | (because of scalpers!) and you pay the markup for that
               | service.
        
       | etripe wrote:
       | > Each file had the same change - they had added code that makes
       | an ajax saveEmail() call onBlur. In other words, email addresses
       | were being saved to the database when a user inputs an email and
       | the input loses focus.
       | 
       | > I told my client - apologies, but I don't want to work on this
       | task because it's a dark pattern. And they reply - no, no, we are
       | just sending people 3 email reminders. And then I try to explain
       | that it's basically saving email addresses secretly.
       | 
       | Perhaps because this is a short post, but it seems to be missing
       | context. The email addresses are saved, which may or may not be
       | questionable. It's unclear whether there are any mechanisms to
       | auto-remove the email addresses once three reminders have been
       | sent.
       | 
       | It doesn't seem immediately obvious what the dark pattern is
       | here. What am I missing?
        
         | 3pt14159 wrote:
         | Users expect forms to submit when the click the button. If they
         | change their mind about signing up or purchasing something,
         | they don't expect to get emailed if they didn't click the
         | button. That's the dark pattern. Not the worst I've seen, but
         | not great either.
        
           | steveBK123 wrote:
           | Exactly. I've been a victim of a dark pattern like this years
           | ago when I was trying to find mortgage rates.
           | 
           | Many of the online mortgage rate tools are really just lead
           | generation sites, including some of the big name brand ones.
           | 
           | One wanted me to create an account, and I got about half way
           | through (I stupidly gave my phone number) and then exited
           | without creating account. I believe they had a sort of "enter
           | email, next. enter phone, next" kind of page by page pattern.
           | 
           | Anyway, within an hour of exiting I was getting 3 phone calls
           | per hour from mortgage companies soliciting me for business.
        
             | josefresco wrote:
             | "abandoned cart" technology is why many ecommerce websites
             | ask for your email _first_ when checking out. My kid
             | recently added some items to an online shopping cart to
             | determine shipping rates, which required their email, and
             | now they get spammed incessantly.
        
               | MandieD wrote:
               | Switching to FastMail and the easy availability of
               | arbitrary-business-name@mydomain.com was worth it just
               | for that.
        
           | eloff wrote:
           | But how many people enter their full email and then back out
           | of the form? This seems like a small thing at the end of the
           | day, especially for 3 emails that doubtless contain an
           | unsubscribe link.
           | 
           | Edit: That got a lot of push back. I'm just saying, this is
           | not the hill I'd die on. At best it would spare some small
           | single digit percent of visitors 3 unwanted emails.
        
             | HumblyTossed wrote:
             | Probably an awful lot for them to want to pay a developer
             | to do this.
        
             | slver wrote:
             | By that logic let's monitor their clipboard for email and
             | phone numbers. Let's tell them that they should enable
             | notifications so we verify they're not a robot. Let's ask
             | them to download a little executable to see if we can find
             | helpful ways to reach them.
             | 
             | We'll provide an unsubscribe link, I promise.
             | 
             | ... But let's just record they clicked unsubscribe because
             | that means they're engaged. I mean maybe they clicked in
             | error? Let's ask them to confirm.
             | 
             | ... But maybe they confirmed because they were confused and
             | didn't understand the great value we provide.
             | 
             | We can beat around the bush our way to full-blown scammers
             | all day.
             | 
             | Saving emails from a form NOT submitted is bullshit, and
             | you know it. The user never intended to submit.
        
             | slver wrote:
             | > But how many people enter their full email and then back
             | out of the form?
             | 
             | Most people. Because we have form autofill.
        
             | zentiggr wrote:
             | And if I fill out most of the form, but some custom BS UI
             | chunk can't play nice and borks the page... I'm done with
             | "company", leaving the page since it never finished
             | loading, but my email address is already saved?
             | 
             | Absolutely f*ing not. Not a small thing in any way. This is
             | unethical and if I got an email from that company you can
             | bet I'll push back.
        
             | dboreham wrote:
             | We found a new kind of psychopathy test here.
        
             | ipython wrote:
             | In that case, why implement the feature at all?? Why die on
             | the hill to capture email addresses from the "small single
             | digit percent of visitors" who never consented to receive
             | your spam in the first place?
        
             | raxxorrax wrote:
             | Really?
        
             | rpdillon wrote:
             | This is about control: does the user understand when the
             | data leaves their hands and is given to another? If the
             | user doesn't understand this, then they find themselves
             | unwittingly giving out their personal information, not just
             | to legitimate actors, but also malicious ones.
             | 
             | I think this is a pretty important thing to try and get
             | right.
        
             | dahart wrote:
             | I'm sure you meant your question sincerely. FWIW, I have
             | backed out of many signup forms, and often wondered/worried
             | whether they were doing exactly what the OP talked about.
             | The reason for back-outs is because there is another very
             | common dark pattern this gets combined with: a multi-page
             | signup where email is asked for early, and then something
             | more onerous is requested on a later page, which is where
             | the cancellation is much more likely to occur. The single
             | biggest reason in my experience for late cancellation is
             | when the signup asked for a credit card, even though the
             | signup was advertised as free. It's a bait and switch, and
             | the deal ends up being a subscription that you can cancel
             | after your first free day/week/month. I've had other things
             | besides credit cards, though, like required personal
             | information.
        
               | eloff wrote:
               | Yes, I can see your point. If you click through to the
               | next step though, you should assume that submitted the
               | form. Regardless of whether it was done through an old
               | school POST or Ajax in a single page app.
               | 
               | I think it's still a dark pattern to email someone who
               | hasn't expressed interest in receiving those emails.
               | There should at least be text informing you of that and
               | giving a way to opt out up front.
        
               | dahart wrote:
               | Yeah, exactly, it's about expressing interest,
               | communicating intent, and offering a way to opt out. The
               | broader point is that form submission is not the criteria
               | for saving an email address at all, explicit consent from
               | the user is. When the site itself provides an expectation
               | that a signup process can be "cancelled" they are
               | signaling an expectation that the information will be
               | discarded and not used to market to you or sell your
               | email address to other companies. When they do that
               | despite having communicated to you that the process was
               | cancelled, they're playing dirty. And I do think selling
               | the email address to third parties is the bigger danger
               | here, not getting a couple of direct marketing emails
               | from site you visited.
        
             | JustResign wrote:
             | Small things can still be unethical.
        
             | Phenix88be wrote:
             | It's not out of the form. It's out of the email fields. So
             | if you press tab to go to the next field, the email is send
             | somewhere without notice.
        
             | [deleted]
        
         | whalesalad wrote:
         | The dark pattern is capturing an email address even if someone
         | doesn't submit the form. Imagine you start a guest checkout,
         | type your email address and nothing more, then close the
         | window. That email would still get captured for marketing
         | purposes. Because this isn't what a user would expect, it's
         | considered a dark pattern.
        
           | leephillips wrote:
           | And the browser's autofill may fill in the email address
           | without the user intending to, conceivably.
        
             | InitialLastName wrote:
             | Or, conceivably, the wrong email address. I'm sure I'm not
             | the only person who has multiple, context-dependent email
             | addresses that (in some cases) are email aliases I share
             | with others, all saved with appropriate supplemental
             | information in my browser.
        
         | dev_tty01 wrote:
         | For me, this is only ok if at the top of the form there is big
         | easy to read text that says any data typed in the form is saved
         | immediately prior to the user hitting submit. Anything else is
         | a dark pattern.
         | 
         | Let's not kid ourselves. We know most users naively think the
         | data is just on their screen and nowhere else until they hit
         | submit. If we write code to circumvent that expectation we know
         | it is a deception. After all, the default behavior is that the
         | form data is not available early. The programmer has to
         | explicitly do something to counter the default.
        
         | deepsun wrote:
         | Well, if email was saved secretly, as author wrote, it means
         | users were not aware of that their personal info is saved.
         | Also, since it's Javascript, it means that they weren't first-
         | party, who had the email address anyway.
         | 
         | If they added a text for user like "Your email address is saved
         | by XXX Inc, we will just send you 3 reminders", then it would
         | be ok.
         | 
         | For example of the same dark pattern: if you look at any hotel
         | booking page (not aggregator like booking.com, but hotel-
         | owned), I bet you will see at least 5 third-party tracking
         | scripts, they all store every action you make on the page
         | without user explicit knowledge.
        
           | dahart wrote:
           | > If they added a text [...] then it would be ok.
           | 
           | I'd agree with that as long as the text is visible _before_
           | entering the email address, and the text also mentions that
           | email will be saved _before_ completing the form.
           | 
           | > I bet you will see at least 5 third-party tracking scripts
           | 
           | Analytics and tracking scripts is a good point. Sometimes
           | it's implemented in a way where tracking scripts don't have
           | access to keystrokes, for example by iframing them, and you'd
           | hope that the web site owner would care enough about their
           | own security to do that. But you're right that unfortunately
           | it's common. In this case I think we need some legal
           | protection in the US and elsewhere similar to GDPR that
           | clarifies that collecting such information can only be done
           | with explicit consent.
        
           | kube-system wrote:
           | 5 is pretty low. There are many popular websites that share
           | data with >100 third-parties.
        
           | [deleted]
        
         | iovrthoughtthis wrote:
         | would it be surprising to a user if they received an email from
         | a company they hadn't given their email to?
         | 
         | if yes, it's a dark pattern.
         | 
         | if no, it's not.
         | 
         | i side with, yes.
        
           | slver wrote:
           | It's not surprising because we're used to spam. /s
        
       | danpalmer wrote:
       | As long as this is done in a professional way, with a sincere
       | effort from engineers to understand the business requirements, I
       | think refusing to do things that constitute user privacy or
       | safety issues is a good and right thing to do.
       | 
       | Dark patterns are more borderline in many cases and I think the
       | best approach is building a culture of respect for users that
       | doesn't result in dark patterns, but in this case it looks to me
       | like this was more than a dark pattern, it was an actual privacy
       | violation.
        
         | ehnto wrote:
         | Dark patterns aren't a line in the sand that's for sure. At
         | what point does a newsletter pop-up become a dark pattern?
         | There are some concrete examples, but it can also be pretty
         | nuanced. I think newsletter pop-ups are always egregious, but a
         | business owner can have a very hard time grasping why. They can
         | think they're building stuff people like, and they can often
         | act like they're simply herding sheep. Users are ephemeral
         | zombies to some, and from that lens, it's totally fine to
         | capture them with sneaky tactics.
        
           | potatosalad1 wrote:
           | Newsletter popup that asks for email address and if you click
           | Cancel or X doesn't save it: annoying but not a dark pattern
           | 
           | Popup that asks for email address that doesn't have an 'x'
           | (or the 'x' doesn't appear for a while) and the email address
           | field secretly records what the user types and even though
           | they clicked cancel their information was secretly shared:
           | dark pattern
        
             | ehnto wrote:
             | There are some clear cut examples no doubt, but you've
             | hardly covered the thousands of possible UX interactions.
             | It's not always so well defined, partly because obnoxious
             | marketing tactics can already toe the line of ethics.
        
           | matheusmoreira wrote:
           | > At what point does a newsletter pop-up become a dark
           | pattern?
           | 
           | At what point does it _not_? Pop-ups exist to steal
           | attention. It 's abuse. Why do these marketers believe they
           | are entitled to anyone's attention? They are not.
           | 
           | > a business owner can have a very hard time grasping why
           | 
           | Of course. Businesses generally couldn't care less about how
           | much they're abusing their workers or their consumers. The
           | only thing they care about is their profit. Dark patterns are
           | just value extraction mechanisms, it's their abusiveness that
           | makes them dark.
           | 
           | > they can often act like they're simply herding sheep. Users
           | are ephemeral zombies to some, and from that lens, it's
           | totally fine to capture them with sneaky tactics
           | 
           | Yes. It's an inherently abusive and sociopathic view. They
           | don't consider us human beings.
        
             | ehnto wrote:
             | I am in agreeance by the way. I think perhaps my comment
             | came across as trying to soften the seriousness of dark-
             | patterns when really I was just trying to say that there
             | are lots of different perspectives on different types of
             | coercion. It's not that it's unclear when something is
             | coercive, it's that it's unclear how much coercion and
             | trickery is unethical, as it depends on who you ask.
        
               | matheusmoreira wrote:
               | > it's that it's unclear how much coercion and trickery
               | is unethical
               | 
               | Any amount of coercion and trickery is unethical. This is
               | absolutely clear to me.
        
           | hirundo wrote:
           | I wouldn't call over aggressive marketing a dark pattern. As
           | with the newsletter pop-ups, they aren't shady or underhanded
           | or misleading or coercive, they're just in your face. I often
           | find them obnoxious and repulsive and they drive me away from
           | a site, but they're in the light, out in the open, not
           | pretending to be something they aren't.
           | 
           | I think there is a fairly bright line in the sand for
           | defining a dark pattern, and the line is between hiding and
           | being open, between being misleading and straightforward,
           | between trying to force someone to do something and seducing
           | them with plain intentions. The later behavior can still
           | really suck, without being dark.
        
             | ehnto wrote:
             | I disagree, simply. There's so many novel UX patterns in
             | websites and apps, it's impossible that you've got a clear
             | idea of what is or isn't a dark pattern in every
             | circumstance.
             | 
             | Uber Eats used to have a "$0" option for tipping, but
             | removed it, it's no longer clear if you're going to be
             | giving a tip or not, but if you don't click anything you
             | don't actually give a tip. Is that a dark pattern? I think
             | so, because the UX makes it seem like you have to select
             | something, and that no isn't an option. But it's not hard
             | to argue in the negative, since doing nothing will not take
             | money from you.
        
               | whynaut wrote:
               | You seem to give a pretty good reason why it's a dark
               | pattern, and a pretty flimsy one for why it's not. I
               | think it's not as ambiguous as you say.
        
               | ehnto wrote:
               | I didn't realize this was going to be such a
               | controversial take. It's possible you think there's a
               | clear definition because you haven't seen examples of
               | what some industries think is ethical. I'm trying to pick
               | relatable examples but clearly not doing a great job.
               | Again, I tend not to think these things are ethical, but
               | I'm not the ethics police, so the fact that one person
               | thinks it's ethical and one person does not means it must
               | be blurry.
               | 
               | I feel pretty strongly that tracking cookies are evil,
               | but the entire ad-tech industry did not think that was a
               | dark-pattern.
               | 
               | I feel pretty strongly that GDPR "accept all or leave
               | site" dialogs are a dark pattern, but the EU is happy
               | with that implementation.
               | 
               | I would also love to point out that "dark-pattern" is
               | still a blossoming terminology, there's no definitive
               | body of law or ethics that describes what is and isn't a
               | dark pattern.
        
               | t0mas88 wrote:
               | The "accept all or leave" has recently been ruled illegal
               | because the law requires "free and informed consent".
               | Refusing service without consent isn't a free choice to
               | the user.
               | 
               | Similar for Google that went the "you can disable cookies
               | in your browser" way, I doubt that will survive a lawsuit
               | in the coming years.
        
         | [deleted]
        
         | danpalmer wrote:
         | I did have a similar example to this a year ago. We were
         | partnering with an affiliate marketing agency, and they asked
         | us to include their tracker on our website. When probed about
         | how the tracker worked, they revealed that it worked by
         | scraping everything that looked like an email address and
         | sending it to their servers in order to attribute user signups,
         | and they required it on every page.
         | 
         | I said that was a gross violation of our users' privacy and
         | that we would only implement our own significantly restricted
         | server-side tracking that didn't reveal any user info. Their
         | response implied they really weren't challenged on their
         | practices often at all.
        
           | dtech wrote:
           | Was this in US or EU? I wouldn't be surprised if it is EU but
           | theoretically this should be so GDPR non-compliant that
           | Merkel personally throws you out.
        
             | ashtonkem wrote:
             | CCPA probably makes that illegal, which gives devs with a
             | conscience a nice out: "that is wildly illegal if we do it
             | to anyone in CA, we will have to develop it my way for them
             | anyways, and it's cheaper to support only one system"
        
             | danpalmer wrote:
             | EU. Absolutely non-compliant and I don't think they could
             | have cared less.
             | 
             | We had to get special sign of from their senior leadership
             | to implement the server-side tracking because it meant they
             | could lose out on revenue if we didn't get it right.
             | 
             | Ironically the server-side version bypassed
             | adblockers/tracking protections (all we did was ping back
             | after checkout with the total order value, no user data),
             | so it was likely that they would make more revenue given
             | than ~50% of users have some sort of blocking in their
             | browsers.
        
       | JohnBooty wrote:
       | Thank you for having strong ethics. But, what a _bizarre_ dark
       | pattern.
       | 
       | How many users:
       | 
       | 1. type out a complete email address
       | 
       | 2. and then decide at the last moment to not hit "submit?"
       | 
       | Who even does that? Like 0.00000001% of all users? I've been
       | using the web since the mid 90s and I don't think I've _ever_
       | done this. Ethics aside, it 's hard for me to believe that this
       | dark pattern even yielded a useful return.
       | 
       | To be perfectly clear, I'm not defending this dark pattern. It's
       | bad. I'm just questioning its efficacy.
        
         | [deleted]
        
         | [deleted]
        
         | parrellel wrote:
         | Autocomplete would be my guess. Which makes it more obviously
         | scummy.
        
         | illnewsthat wrote:
         | I've done this myself, and it's typically because I will want
         | to go through the checkout process to see the total cost of
         | something (including shipping which wasn't shared on the item
         | page).
         | 
         | I'll use auto fill to save time and quickly click through to
         | the page that finally shows the full price, then I will back
         | out.
         | 
         | More recently, instead of auto fill I take extra time to type a
         | fake email address just to prevent the "lost cart" marketing
         | emails that were mentioned in the article.
        
           | JohnBooty wrote:
           | Me too, but the author describes something different.
           | 
           | You say that you "click through to the page that finally
           | shows the full price." So, you are explicitly submitting
           | multiple times. There's a reasonable user explanation that
           | your information would be received by the server.
           | 
           | In the author's example, they're describing something more
           | insidious -- saving the user's information before they submit
           | the form, thereby subverting user expectation.
        
             | beckingz wrote:
             | If I haven't consented to receive your marketing emails or
             | have not entered into a business arrangement by purchasing
             | something, I do not expect to receive emails even if I
             | expect that my information has been received by the server.
        
       | jart wrote:
       | Where is it written that it's a dark pattern to collect form
       | information before the user presses submit? Maybe the company
       | wants that information because sometimes the form breaks, or the
       | user isn't able to figure it out, and they want to be able call
       | that person on the phone or write them an email and be like, hey,
       | can we help you fill out the form? That's perfectly reasonable in
       | my opinion. But if the intent was to sell that email address to
       | marketers who would put it on as many nonconsensual spam lists as
       | possible, well, then that was going to happen regardless of
       | whether or not the user pushed the button, because the whole
       | website is a dark pattern which means leaving was the ethical
       | thing to do, so let's not blame technology when the problem was
       | people.
        
         | surround wrote:
         | The dark pattern is saving the email without informing the user
         | or asking for permission to do so. Normally, permission is
         | given when the user clicks "submit," but if you save the email
         | _before_ they click submit, it 's a dark pattern.
        
       | tenerifevisitor wrote:
       | > They had no version control.
       | 
       | I wouldn't have accepted the position in the first place.
       | 
       | If I really would have needed the job, I would have left as soon
       | as possible (6 months max).
       | 
       | They did him a favor by letting him go.
        
       | parsnips wrote:
       | At Seamless circa 2010 we were asked to make the default sort
       | order for restaurants appear by how close they were to the next
       | tier of the contract. More orders = More Margin.
       | 
       | The tech team at the time was entirely located in Utah at the
       | time, and all of us were repulsed at the idea. We countered with
       | suggestions for improvement and made it clear the project would
       | not be worked on:
       | 
       | - You can make a "promoted" restaurant section above the fold -
       | The UX concerns since users expect some reasonable ordering. Like
       | distance from location or alphabetical.
       | 
       | We didn't get fired, and it was really scary. I appreciate
       | standing up for ethics and principles. bravo.
        
       | rsweeney21 wrote:
       | Many years ago I added the feature to xbox.com to allow you to
       | easily cancel your Xbox Live Gold subscription. We built a UX
       | that was ideal for consumers - a couple of clicks, no "Here's
       | what you'll be missing..." screens. It was awesome.
       | 
       | Before this feature was released you had to call Xbox support to
       | cancel.
       | 
       | Once word spread that you could do it on the web, huge numbers of
       | customers, that had been stuck paying for an Xbox Live Gold
       | subscription they weren't using, began cancelling.
       | 
       | So our PM got a call from a VP. We were instructed to remove it
       | from the site immediately. We fantasized about telling the VP to
       | stick it and quitting en masse, but we knew it wouldn't change
       | anything. We'd just be replaced by someone that would.
       | 
       | So we complied, but we all lost a little bit of our faith in Xbox
       | that day.
        
         | svnpenn wrote:
         | > We'd just be replaced by someone that would.
         | 
         | IE, you're part of the problem. You're just rationalizing to
         | make yourself feel better.
        
         | josefresco wrote:
         | > So we complied, but we all lost a little bit of our faith in
         | Xbox that day.
         | 
         | You mean _shady subscription business models_ right? Because
         | Microsoft is certainly not alone.
         | 
         | Just the other day I had to CALL (as the only option) Network
         | Solutions to cancel a security product.
        
         | macd wrote:
         | It's so short-sighted too.
         | 
         | I signed up for America's Test Kitchen one time, because they
         | had a nice program for learning the basics. Probably used it
         | for a couple months, and then I was done with that content and
         | wanted to cancel. Of course, even though you can sign up
         | online, you have to cancel on the phone. On hold for 20-30
         | minutes during work hours, then talk to the rep, then listen to
         | their retention offer, then it's successfully cancelled.
         | 
         | I actually loved the content, and would probably have
         | resubscribed for a month here and there. (Cook's Illustrated is
         | part of the same group and their content is also great.) But I
         | will never do it again because of this experience.
         | 
         | How many people decided to get the new Playstation next time
         | because of a frustrating experience cancelling their xbox
         | subscription? You won't see those numbers in a spreadsheet.
        
           | erdo wrote:
           | I once got a marketing email from British Airways with no
           | "unsubscribe" link, I emailed back telling them to take me
           | off their list as I never asked for marketing emails when I
           | booked my ticket.
           | 
           | The crazy thing is they replied, but refused to take me off
           | the list unless I sent them an actual physical letter in the
           | post. A few emails in they claimed it was due to a
           | "technical" issue. That BS annoyed me so much, I am now into
           | the 3rd decade of my own personal British Airways boycott
           | 
           | Edit: I realise that's insane but it makes me giggle
           | everytime I deliberately don't book BA, and I wonder to
           | myself how much money I would be willing to loose by going
           | for the next most expensive ticket, just to keep my boycott
           | going
        
             | dijit wrote:
             | I engage in petty boycotts like this.
             | 
             | Even if it's PEANUTS to them. I feel better, because at
             | least _I'm_ not participating in perpetuating a shitty
             | system.
             | 
             | I feel especially good about it when those companies are
             | ubiquitous and hard to avoid, because I feel rather
             | righteous against an all encompassing behemoth that likely
             | would have got my money otherwise.
        
             | miles wrote:
             | > The crazy thing is they replied, but refused to take me
             | off the list unless I sent them an actual physical letter
             | in the post. A few emails in they claimed it was due to a
             | "technical" issue. That BS annoyed me so much, I am now
             | into the 3rd decade of my own personal British Airways
             | boycott
             | 
             | I'm surprised BA even _had_ email in 1991 or earlier. Since
             | britishairways.com doesn 't even make an appearance in the
             | Wayback Machine until late 1998, perhaps we can forgive
             | them their anachronistic practices of the day.
        
           | boring_twenties wrote:
           | > Of course, even though you can sign up online, you have to
           | cancel on the phone. On hold for 20-30 minutes during work
           | hours, then talk to the rep, then listen to their retention
           | offer, then it's successfully cancelled.
           | 
           | I haven't been in this situation, but I always imagined that
           | there is a simple way out: send them a certified letter
           | instructing them to cancel your subscription. If they
           | continue charging after that, it's chargeback time.
           | 
           | Any opinions on whether or not this would work?
        
             | staticautomatic wrote:
             | The answer would be in the user agreement. If it does not
             | enumerate permissible ways of cancelling, then yes.
             | Otherwise idk but probably not. Contract language which
             | limits methods of cancelling is likely enforceable unless
             | there's a statute prohibiting it.
        
             | jmtulloss wrote:
             | You can also just chargeback the charge on your credit
             | card. You'll probably win if they make it hard to cancel
             | and they'll get the message fast
        
             | matheusmoreira wrote:
             | Chargebacks are inadvisable in case there is digital
             | content associated with the account. In every terms of
             | service I've ever read there is a clause saying the
             | consumer cannot perform chargebacks. They're likely to nuke
             | your account for "fraud" if the bank reverses the
             | transaction, potentially causing thousands of dollars in
             | losses.
        
               | ticviking wrote:
               | So DRM is once again shown to be evil.
               | 
               | And digital "purchases" aren't really purchases.
        
             | codewithcheese wrote:
             | That has worked for me before. A company which explicitly
             | said they do not process cancellations via support form or
             | email. I sent an email saying I wish to cancel and I
             | consider the email reasonable notification and I will
             | chargeback any further charges. They cancelled the account.
        
           | 8ytecoder wrote:
           | Not just short-sighted, these sort of things is why I don't
           | try anything that involves a subscription. That is also why I
           | make them pay the Apple Tax and subscibe through Apple
           | instead.
        
           | lobocinza wrote:
           | It is only true if you measure it. ;)
           | 
           | Companies rely too much on analytics.
        
           | handmodel wrote:
           | While I suspect in most cases (at least for smaller brands)
           | making it hard to cancel pays off I 100% agree there is a
           | measurement problem.
           | 
           | If you are optimizing for money made in the next month - or
           | even next two years - then by definition making it hard to
           | cancel will bring in more money. But it does hurt the brand
           | long term (which is harder to measure)
        
           | tshaddox wrote:
           | What I fear is that hostile behavior like this is actually
           | _not_ short-sighted. I suspect in many cases these companies
           | are pretty savvy about how their business models work, and I
           | suspect that they are correctly estimating that they will end
           | up ahead both in the short term and the long term by making
           | recurring payments easy to forget and difficult to cancel. I
           | really don 't see this sort of customer ill will being that
           | effective at scale. I will probably never pay America's Test
           | Kitchen one penny after hearing your review, but my
           | impression is that they still have an excellent reputation.
           | And do you really have great alternatives? Does Playstation
           | not use the exact sort of hostile patterns as Xbox?
        
             | macd wrote:
             | I'm also afraid of that, good point.
             | 
             | I'm a fan of Serious Eats for cooking content. Again, ATK
             | was great except for the subscription thing. Looking at
             | their Support page, it looks like nothing has changed with
             | their cancellation policy[1] (the fact that you can cancel
             | your physical magazine subscription online, but not the
             | website subscription is hilarious). I would LOVE to know if
             | they have support for online cancellation for California
             | customers, that they just disable for non-California
             | customers. I've heard of companies doing things like that.
             | 
             | Not sure if Playstation did the same, but Xbox doesn't make
             | this difficult this anymore anyways. In fact, recently I
             | started a Game Pass Xbox subscription on my xbox account
             | and used it for a couple days. Then I realized I should do
             | it on my main microsoft account instead (so I don't have
             | multiple accounts anymore), so I cancelled. They gave me a
             | full refund automatically without me needing to ask or do
             | anything. So companies do change, although I imagine it's
             | just easier to implement it this way anyways. Phone-based
             | customer service is really expensive.
             | 
             | [1] https://www.americastestkitchen.com/support#change-
             | membershi...
        
               | rdtwo wrote:
               | I was actually going to buy a subscription but luckily I
               | learned about that policy and never did.
               | 
               | Now I use a privacy card for all subscriptions to avoid
               | the hassle
        
             | forbiddenvoid wrote:
             | This is my perspective exactly. It's hard to be mad at
             | someone for optimizing for their own desired outcome.
             | 
             | I'm mad that it works.
        
             | willcipriano wrote:
             | I suspect it is shorted sighted in a sense, and not in
             | another. The choice to prevent cancelation likely hurts the
             | long term revenue of Microsoft and at the same time
             | maximizes the short term revenue of that executive. He will
             | be working somewhere else by the time that chicken comes
             | home to roost, so it maximises his value long term.
        
               | tshaddox wrote:
               | What I'm saying is that it will potentially also help
               | revenue in the long term, and that "customer ill will"
               | won't actually spread and turn away customers at any
               | noticeable scale.
        
               | willcipriano wrote:
               | My feeling is this sort of thing is a death from a
               | thousand cuts situation. If it happens once or twice
               | revenue wont be driven into the ground but if you keep it
               | up eventually consumers will have had enough and start
               | looking for alternatives.
        
               | jdgoesmarching wrote:
               | There's long vs short term, but I'd also add ease of
               | calculating a decision's value. Ironically I think a lot
               | of the business and tech world is hamstrung by "data-
               | driven" decision making which assumes
               | 
               | 1. You have all the necessary data and
               | 
               | 2. You are interpreting it correctly and completely
               | 
               | This is almost never true, so instead "data driven" is
               | mostly "data covering-your-ass." Maybe the future will
               | yield leaders more capable of wielding data less like a
               | cudgel, but I'm not optimistic.
        
           | musicale wrote:
           | > It's so short-sighted too.
           | 
           | > How many people decided to get the new Playstation next
           | time because of a frustrating experience cancelling their
           | xbox subscription
           | 
           | If you make it hard to unsubscribe when people are short on
           | time/money/interest, they will probably be less likely to
           | resubscribe when they have the time/money/interest.
           | 
           | Long-term customers on something like Xbox Live have a larger
           | incentive to resubscribe to recover access to their game
           | library.
           | 
           | On the other hand, random web site X is probably just looking
           | to churn through subscribers.
           | 
           | It's something of a tragedy of the commons; the incredible
           | difficulty of unsubscribing from (everything that's a monthly
           | bill) makes people wary of subscribing to anything.
        
           | marcinzm wrote:
           | >It's so short-sighted too.
           | 
           | No it's not. The VP is maximizing their bonus and career
           | growth within the company. That is likely tied to relatively
           | short term metrics and especially to not having drops in
           | metrics.
        
             | jbnorth wrote:
             | Just to be clear, you confirmed that it was a short-sighted
             | decision.
        
               | marcinzm wrote:
               | No, there is no negative long term consequence for the VP
               | so it is likely the optimal decision from both a short
               | and long term perspective.
        
           | t0mas88 wrote:
           | I know the majority opinion in the US is "less rules is
           | good", but as a counter point: European consumer protection
           | laws prohibit this, if you can sign up online it's mandatory
           | to offer online cancellation without extra hurdles. Sometimes
           | having some rules is a good thing...
        
             | eindiran wrote:
             | I want to hit that sweet spot where my bad behavior is
             | unconstrained by the rules but everyone else's bad behavior
             | is.
        
             | 8ytecoder wrote:
             | Europe also goes through the pain of developing rules and
             | laws that are incredibly detailed and specific. US just
             | doesn't have that culture. The law will be vague and it'll
             | require at least a few lawsuits before it gets settled as
             | to what they actually mean. This and the general misuse of
             | lawsuits (I mean "Do not iron while wearing the shirt")
             | here is why people are against laws.
        
             | erdo wrote:
             | That's interesting if true, because my gym in France
             | (Neoness) just made me turn up in person to cancel my
             | rolling monthly subscription, despite the fact that I
             | signed up on line. (Obviously I will never, ever be giving
             | them my money again regardless)
        
             | gumoro wrote:
             | Do you have a reference for that? Struggling to find one,
             | and very interested.
        
           | avitous wrote:
           | This is one reason I won't purchase a subscription any longer
           | unless they accept Paypal, which makes it ridiculously easy
           | to terminate recurring payments to them (easier than calling
           | my credit card company to dispute a charge). Having such a
           | kill switch was how I was able to cancel my NYTimes
           | subscription (another org notorious for making it impossible
           | to cancel) without going through the same kind of hassle of
           | dealing with a sales rep trying to keep my account.
        
           | zipiridu wrote:
           | I have a similar story for internet. I tried to cancel my
           | Xfinity (Comcast) internet service through the online chat.
           | After being transferred several times, the person said they
           | will do it but then disconnected right after they said that.
           | I had to restart the process and in the end they told me I
           | had to call. So I called and finally was able to cancel after
           | they wasted hours of my time.
           | 
           | I will never use Xfinity/Comcast again in my life if I have a
           | choice and will try to make sure everyone knows how shitty
           | they are. Unfortunately they have monopolies in many areas
           | and can be as shitty as they want, but if you have a choice I
           | recommend never using them.
           | 
           | I can't believe that in 2021 these tactics are still legal.
           | It's also stupidly shortsighted because in the long term I'm
           | pretty sure they lose money by making everyone hate them. If
           | it was easy to cancel, I would happily sign up again in the
           | future without giving it much thought and would think
           | positively of the company.
           | 
           | Edit: I also want to add that I was paying extra to not have
           | a contract so I could easily cancel.
        
             | Farfromthehood wrote:
             | I've heard the Comcast "retention agents" have a quota or
             | retentions vs cancellations they must maintain, hence ask
             | the disconnected cancellation calls.
             | 
             | For a time, I resorted to having an attorney cancel my
             | Comcast service to ensure it actually happened.
             | 
             | But once, months after the attorney forwarded my Comcast
             | cancellation confirmation, I received a notice from a
             | collections agency for the exact Comcast account I had
             | cancelled. The attorney took care of that too.
             | 
             | My new (and best) method for dealing with Comcast is to use
             | a fake name and social. I've been using the cats' names for
             | the past few years, and it works great!
             | 
             | I recently wanted to quit Comcast service at one of my
             | properties, so I went online to chat. No agents available,
             | so I just removed my credit card from the account and
             | stopped paying. They'll figure it out eventually. And good
             | luck of they're going to try to collect from Westley the
             | Cat. He's unemployed.
        
               | DaveExeter wrote:
               | >use a fake name and social
               | 
               | They let you use a fake social security #?
        
               | walrus01 wrote:
               | If you want it done quickly tell them you're going to
               | prison.
        
             | only_as_i_fall wrote:
             | The best way to do this in my experience is to tell them
             | you're moving in with a partner who is already subscribed.
             | Works equally well whether true or not.
        
               | ethbr0 wrote:
               | My foolproof flowchart:
               | 
               | "Why are you cancelling?"
               | 
               | "I'm moving overseas."
               | 
               | "Where to?"
               | 
               | "I'd prefer not to say."
        
             | shard wrote:
             | When I canceled my Comcast internet service, I got much
             | less resistance from them, but this was in the days where
             | they still had physical offices that you can go to. I took
             | my modem and dropped it off, telling them to cancel my
             | subscription. When they tried to give me the retention
             | speech, I told them I had already switched providers. End
             | of conversation.
        
         | hangonhn wrote:
         | Someone should make a website that rates services by ease of
         | unsubscribing and include a link to the unsubscribe link if one
         | exists.
         | 
         | A few publications that I enjoy is on my "Never subscribe" list
         | because of the difficulty of unsubscribing. On the other hand,
         | unsubscribing from HBO Max (at least via Apple TV) was so easy
         | that I don't hesitate to unsubscribe and resubscribe and have
         | done so a couple of times.
        
         | IngvarLynn wrote:
         | >we knew it wouldn't change anything. We'd just be replaced by
         | someone that would.
         | 
         | Ye goode olde self-fulfilling prophecy.
        
           | newsclues wrote:
           | If I need a job, if the money is right my ethics are
           | negotiable.
           | 
           | This is the norm.
        
           | fridif wrote:
           | I think history has proven that there will always be someone
           | willing to do what hundreds of millions of people wont
        
             | [deleted]
        
             | dwaltrip wrote:
             | Certain bad things that people used to do don't happen
             | anymore. This must mean that, in general, actions really do
             | matter -- even if it is very hard to know ahead of time
             | which ones will have a significant impact.
        
         | suzzer99 wrote:
         | There needs to be a law that any subscription that can be
         | signed up for online should be cancelable online. I'm not in
         | favor of just implementing new laws willy nilly. But it's clear
         | that companies are never going to do this on their own.
        
           | universa1 wrote:
           | I think Germany recently voted for this as well, so we will
           | have this soonish :-) so if you can sign up online, there
           | needs to be a similar way for cancelling.
        
             | halfdan wrote:
             | This has been law since October 2016 in Germany. See SS 309
             | Nr. 13 des BGB
        
           | matheusmoreira wrote:
           | We should be able to just tell the credit card company to
           | cancel recurring payments. They'll try to charge the card and
           | get denied.
        
             | rdtwo wrote:
             | Capital one privacy cards are amazing for that. They paid
             | me 250 to open one 2% cash back and unlimited privacy cards
        
             | JTbane wrote:
             | As far as I know, you're still on the hook for contractual
             | payments, like most gym memberships and cell plans.
        
               | tshaddox wrote:
               | Of course you would be, just like if you maxed out your
               | credit card or closed your credit card account. This
               | doesn't pose a new or unique problem.
        
             | btilly wrote:
             | You can.
        
               | mandelbrotwurst wrote:
               | I requested that from one card provider and they told me
               | that they couldn't and I'd have to get a new card number
               | to stop the charges.
               | 
               | When you say "you can", are you just saying "you can
               | ask", or that you've had success doing this?
               | 
               | If the latter, mind sharing which card provider that was
               | with?
        
               | JeremyMorgan wrote:
               | This is how all of my cards are. Can't cancel recurring
               | payments unless it's fraud. They must issue a new card.
               | 
               | If there's hope for beating this dark pattern, it lies
               | with banks/CC companies
        
               | IntrepidWorm wrote:
               | > You can.
               | 
               | My understanding is that this will be reflected in credit
               | reporting as delinquency- seems like a lose-lose in that
               | sense. Can someone who has done this weigh in?
        
           | HDMI_Cable wrote:
           | I think California has something like that.
        
             | ryanmcbride wrote:
             | We do indeed! Doesn't stop many people from making it a
             | pain in the ass but stops some.
        
           | rsweeney21 wrote:
           | So the rest of the story is that Ohio was the first state to
           | pass a law requiring users be able to cancel subscriptions
           | on-line. So we had to add it back in, but only for users in
           | Ohio and it was burried on the site and had like 7 pages of
           | "account saving" stuff.
           | 
           | Eventually most states passed similar laws and so we opened
           | it up to all US accounts. I'm not sure what the experience is
           | like today.
        
           | t0mas88 wrote:
           | Europe has that law. Not all countries have fully implemented
           | it yet but there is a deadline for all to have it.
        
           | neolog wrote:
           | California has that law
        
             | bilbo0s wrote:
             | Which is great for California, but what about everyone
             | else?
             | 
             | I think that was the point of the comment.
        
               | ucm_edge wrote:
               | Often times if you change your address to be a CA
               | address, websites will suddenly reveal an online cancel
               | option. I swapped my parents' NYT account to be my CA
               | address and suddenly "click here to cancel" was displayed
               | on the website.
               | 
               | While I agree it should be a default setting, it's a
               | useful little trick.
        
               | dasil003 wrote:
               | Just be careful if the CA Franchise Tax Board ever gets
               | wind of it, they'll come after you for 10% income tax for
               | the rest of your life.
        
               | [deleted]
        
               | yumraj wrote:
               | > Which is great for California, but what about everyone
               | else?
               | 
               | Vote in the next election for people/party that are more
               | consumer friendly than industry friendly.
               | 
               | For all its flaws, CA had some of the most consumer and
               | employee friendly (such as no non compete) laws.
        
               | tkojames wrote:
               | I feel the lack of non compete is one of the main reasons
               | tech took off in CA. That and the weather. For as much as
               | people say starting a business in CA is hard, and it can
               | be. For tech it is so easy I can just quit my job and
               | start my company.
        
               | tlogan wrote:
               | > but what about everyone else?
               | 
               | Vote.
        
             | tshaddox wrote:
             | But in California companies can (apparently) still require
             | you to chat with a real person online and thus still need
             | to do everything synchronously, wait in a queue, and argue
             | with them for several minutes before they will cancel the
             | subscription.
             | 
             | Personally I think that any time you grant permission to
             | anyone to bill you automatically on a recurring basis, you
             | need to be able to revoke that permission. This ought to be
             | a fundamental mechanism of personal banking that you ought
             | to be able to manage on your bank account online. It's
             | astonishing to me that your bank can't even tell you all
             | the ongoing recurring payments that are permitted on your
             | account (or if they do, it's an ad hoc implementation that
             | tries to detect recurring payment amounts, vendor names,
             | etc.)
        
           | Clubber wrote:
           | I was once a subscriber to the NYT, and will never be again
           | because of this. I wonder if they are actually making money
           | with this tactic or losing.
        
             | smithza wrote:
             | They are the most subscribed to print/digital media source
             | in the United States. Their market share is considerable
             | and they have the reputation to bring in new subs. They
             | offer college students free/heavily-reduced subs to 'get em
             | in', etc. This tactic sucks for the consumer who wants out,
             | but the frustration keeps them from picking up the phone
             | and committing to cancelling because 'hey, its only x
             | dollars/month'
        
         | o8r3oFTZPE wrote:
         | Thank you for sharing this Microsoft story. One way to
         | interpret it is that the only people who would hire you and
         | your colleagues and compensate you the most were [insert
         | unpleasant description]. I say that sincerely as someone who
         | many years ago worked in the software industry then left to
         | work in other industries. I was not a developer but was someone
         | who worked with management on a daily basis. I saw a marked
         | difference in character between people working in management in
         | the software industry versus the others. It is worth
         | considering why you could not all quit en masse. Who else would
         | hire you? What would they pay you? To be fair, as far as "dark
         | patterns" go, specifically, making cancelling subscriptions
         | difficult, I think that existed long before software companies.
         | However, it is food for thought to consider what kind of
         | industry is employing and compensating you the most for your
         | "work", and what other industries are not. None of this implies
         | any "blame" targeted at anyone, it just highlights what
         | _monetary_ value society places on programming and the cast of
         | characters who set that value. I worked alongside programmers
         | in other industries besides software and we never asked them to
         | anything unethical. Some of them arguably could have tried to
         | work at Microsoft. They had freedom of choice.
        
           | nonameiguess wrote:
           | This really has nothing to do with software as a product
           | sector. XBox subscriptions aren't even subscriptions to
           | software, right? It's subscriptions to game content, which is
           | no different from subscribing to any other form of media.
           | 
           | The one I'm still hooked on, that this reminds me I've now
           | given something like $3,000 dollars to over 3 years because
           | I've been too lazy to make a phone call and wait on hold, is
           | the YMCA.
           | 
           | Even religious nonprofits are engaging in dark patterns.
        
         | viro wrote:
         | dark patterns that require you to call the company should be
         | illegal... like criminally illegal. Edit: how is this a
         | controversial take
        
         | amelius wrote:
         | Why not fix it for everyone with an IP address that's not in
         | your boss's area?
        
           | cvak wrote:
           | You think the boss even knew how to use that feature, or hell
           | even had an Xbox? He just saw excel sheet with cancellation
           | numbers, and asked someone what is happening.
        
           | AlexCoventry wrote:
           | Because subscriptions would keep dropping, the reasons would
           | be investigated, and there's a high risk that the people
           | responsible for the fraud would do time?
        
             | amelius wrote:
             | Jail time for refusing to implement a dark pattern?
        
               | AlexCoventry wrote:
               | No, for defrauding your employer. Having your heart in
               | the right place is not a reliable legal defense.
        
           | [deleted]
        
         | ping_pong wrote:
         | Over a decade ago, I worked at well-known web site in one of
         | the smaller properties. The site looked like it was from the
         | mid-90s. A year-long effort was made to upgrade the site to
         | something more modern, and it was beautiful.
         | 
         | It went live, and almost immediately the number of ad clicks
         | dropped significantly. It turned out that the older site was so
         | hard to use that customers would inadvertently click on ads,
         | bringing up the revenue. The new site was so much easier to use
         | that customers clicked on less ads.
         | 
         | The changes were almost immediately rolled back.
         | 
         | I think eventually the new site was put back in, but only after
         | they ensured that ad clicks wouldn't go down precipitiously,
         | but I had after by then.
        
         | musicale wrote:
         | > Once word spread that you could do it on the web, huge
         | numbers of customers, that had been stuck paying for an Xbox
         | Live Gold subscription they weren't using, began cancelling.
         | 
         | Unfortunately that's the allure of dark and customer-hostile
         | patterns - they extract a lot of money from people, at least in
         | the short term.
         | 
         | If you're Microsoft/Xbox, though, you might want to think a bit
         | about long term.
        
         | api wrote:
         | Anything that makes me call to cancel never ever gets my
         | business again.
        
           | viro wrote:
           | If you can sign up without a call you should be able to
           | cancel without a call. Its the #1 reason Im pro-apple
           | enforcing its IAP stuff.
        
         | morelisp wrote:
         | > We'd just be replaced by someone that would.
         | 
         | Unionize.
        
         | bsd44 wrote:
         | "We fantasized about telling the VP to stick it and quitting en
         | masse, but we knew it wouldn't change anything. We'd just be
         | replaced by someone that would."
         | 
         | That's a very bad argument. If you guide yourself by that logic
         | then you can't really blame anyone for doing anything, because
         | everything is justified.
        
       | strogonoff wrote:
       | Related PSA: many customer support chat integrations on websites
       | today give the rep a real-time view of all input changes _before_
       | you actually send anything.
       | 
       | Think twice before pasting unknown clipboard contents, typing
       | while angry, etc. Best, explicitly copy your finalized reply from
       | another app and paste it into the chat.
       | 
       | (I confirmed that first hand when a support person replied to
       | specifics of my message while I was editing the phrasing.)
        
         | hiidrew wrote:
         | Can confirm that Salesforce integrated chats do this
        
           | AlexCoventry wrote:
           | I wonder whether enterprise slack does.
        
         | andi999 wrote:
         | But what is the point. Why do you want to know e. g. if the
         | customer is so angry that they want to haunt you in your dreams
         | like Freddy Krueger.
        
         | icefo wrote:
         | Something similar applies when you're on the phone. When you're
         | on hold, the agent can hear everything you say most of the time
        
         | vosper wrote:
         | > Related PSA: many customer support chat integrations on
         | websites today give the rep a real-time view of all input
         | changes before you actually send anything.
         | 
         | Related Related PSA: Tools like Logrocket record full-fidelity
         | videos of your entire session on a website. They're great for
         | debugging. It also means you should assume that every website
         | you use has a video of everything you did that people can scrub
         | and search through (it's more than a video actually, it's
         | capturing and re-rendering the DOM, network traffic etc... like
         | I said, amazing for debugging)
        
           | [deleted]
        
           | bengale wrote:
           | https://www.rrweb.io/ Is a cool open source alternative. We
           | use it with sentry to see what causes our exceptions.
           | 
           | Also with a lot of these tools you can configure them to
           | redact user input so you don't capture too much.
        
           | matheusmoreira wrote:
           | How do I block this?
        
             | kaszanka wrote:
             | Something like                 ||*.logrocket.network^
             | ||*.logrocket.io^       ||*.lr-ingest.io^
             | ||*.logicanalytics.io^
             | 
             | in uBlock/ABP filtering rules would be a good start. Not
             | sure what logicanalytics is exactly, but it's used on
             | logrocket's main page. Using NoScript like the other
             | commenter said is safer though (this won't catch on-
             | premises deployments of logrocket and it will stop blocking
             | it when they change the domain).
        
               | gorhill wrote:
               | Best to remove `*.`, otherwise your filters will match
               | only subdomains of those domains -- unless that is really
               | what you want to accomplish.
        
               | jspash wrote:
               | You'll want to add hotjar.com to that list. They do the
               | same thing.
        
             | JoshuaDavid wrote:
             | Block javascript using something like NoScript (which will
             | still let you allow javascript on specific sites you
             | explicitly approve, but will block JS from running by
             | default).
        
         | shadowoflight wrote:
         | I know this is probably just a me problem, but man, that makes
         | me feel kinda bad for all the times I've angrily typed out an
         | insult-laden chat message into customer support chats for
         | cathartic reasons before deleting it and sending something
         | nicer.
         | 
         | Not entirely bad, because recording what I type without my
         | hitting send is shady asf on the company's part, but it makes
         | me feel bad for the human on the other end of the chat.
         | 
         | Anyways, thanks for sharing, I'll have to keep this in mind in
         | the future and maybe do less angry-typing-and-then-backspacing.
        
         | shpx wrote:
         | This is how chat apps _should_ work or have the option of
         | working. Why make you look at an animated "..." until I'm
         | satisfied with my message when you could be watching me write
         | it instead? It's closer to how conversation works and we have
         | the bandwidth and the latency.
         | 
         | It's immoral because you're lying by hiding that this is
         | happening and not making it go both ways, so why not show users
         | and just make it part of the UI?
        
           | formerly_proven wrote:
           | You're reading other peoples unfinished thoughts before
           | they've said them?!
        
             | imalerba wrote:
             | Wouldn't that be closer to a real spoken conversation?
             | 
             | As long as you're told what the behaviour is, I don't see a
             | problem. I think for short lived chats such as those
             | support chats it would speed up things.
        
               | josephg wrote:
               | Yeah. The problem here is that they do it without letting
               | you know.
        
           | zajio1am wrote:
           | Agreed. I like the behavior of traditional unix talk, which
           | worked like that.
        
           | progval wrote:
           | Google Wave did this (and with nest threads)! I never tried
           | it for serious conversations, but it was quite fun to write
           | at the same time as 1-3 other people and see them amend their
           | messages in real time.
        
         | suzzer99 wrote:
         | We had a sales guy pitch exactly this when I worked at a big
         | media corp. The big boss on the marketing side just happened to
         | be in the room at the time, and told everyone that no one was
         | ever to work with this company. I was impressed.
        
         | matheusmoreira wrote:
         | That's extremely obnoxious. I wonder if I can make uBlock
         | Origin block this.
        
         | maxwelljoslyn wrote:
         | I really dislike this because it violates the user's assumption
         | that the action they are in control of, "send message,"
         | represents a hard barrier between committing and not committing
         | to their wording.
         | 
         | Unsavory.
        
         | bcx wrote:
         | Keep posting about this stuff. I can tell you this is a feature
         | our customers often ask for, but we (https://Olark.com) refuse
         | to implement, we do lose business over this.
         | 
         | I'd like to believe the karma for not letting any of our
         | customers be creepy (and/or violate their customers' privacy),
         | pays for the lost business many times over.
        
           | contravariant wrote:
           | You guys really ought to advertise those kinds of things
           | more. The only reason you're losing business over it is that
           | your customer's customers aren't aware.
           | 
           | The least you could do is post a blog post about the dark
           | patterns you refuse to unleash on your customer's customers
           | and why.
        
             | SheinhardtWigCo wrote:
             | Seconded, I'd like to read a blog post about that.
        
           | taude wrote:
           | There's companies out there who's marketing automation
           | platforms do this by default when you use their embedded
           | widgets.....
        
       | tlogan wrote:
       | Sadly this is standard for certain set of services and websites.
       | 
       | I think some of these widgets similar to intercom do this.
       | 
       | In short, I assume that the sales team is just following industry
       | practices for that vertical / type of the sites. If not, then it
       | is your job to explain the best practices for your industry
       | (i.e., how these kinda of things will generate a lot of spam,
       | will make potential customers weary the service, etc.).
        
       | Tenoke wrote:
       | The impressive thing here isn't that some random company is doing
       | it but how many don't recognize it is a dark pattern even when
       | told it is one on _HN_.
        
         | raxxorrax wrote:
         | Some larger companies have trained psychologists to nudge
         | people to rationalize their deeds.
         | 
         | You aren't just working for an ad company. You are working for
         | the benefit of manind. You bring joy to everyone and restore
         | justice in this world... with ads.
        
           | belval wrote:
           | It's THE thing that I don't like about modern corporate
           | culture, most of us (like +95%) aren't building a new
           | tomorrow or addressing rising inequalities. We build stuff to
           | make money. That's it. That's the goal. It makes me angry
           | when you have internal corporate propaganda trying to spin
           | this as a greater mission.
           | 
           | Then you have the coworkers that drink the koolaid and talk
           | as if you were in a cult.
        
             | sdoering wrote:
             | Thanks. Exactly that. I once was lucky (OK expected to
             | attend the all hands) listening to the world lead of our
             | business unit talking about how we would make the world a
             | better place by making hospital emergency rooms more
             | efficient by applying a Uber model to it. How Uber was the
             | epitome of making a bad experience better for the end user
             | and how this company's mindset should be applied to the
             | world. The ER experience was just an example that would be
             | ripe for disruption in his view as it had not changed in
             | the last few decades from a "user perspective".
             | 
             | I filed his talk under "corporate bs for 500" but sadly our
             | local leadership drank the cool aid.
             | 
             | I do not have a problem with making money. Or helping
             | companies do so. I know that this is the center piece of
             | capitalism. Great if you provide added value with your
             | offering but making money is paying our mortgage in the
             | end.
             | 
             | But for the sake of it. Don't try to brainwash me into
             | believing that what I do makes the world a better place in
             | any significant way.
        
               | JasonFruit wrote:
               | > I do not have a problem with making money. Or helping
               | companies do so. I know that this is the center piece of
               | capitalism. Great if you provide added value with your
               | offering but making money is paying our mortgage in the
               | end.
               | 
               | Exactly! Why do we have to pretend we have a goal other
               | than making money without compromising our principles?
               | The best way to make money and keep on doing so is to
               | give people something that is worth spending their money
               | on. A good product at a fair price isn't healing the
               | world, but it's not breaking anyone's leg either.
               | 
               | I wonder if a lot of this goes back to early 20th-century
               | businessmen who tried to apply Transcendentalist thought
               | to business, promoting unity and loyalty by creating a
               | feeling of a noble cause in their employees (Charles
               | Ives, an insurance executive and composer, is the example
               | I'm most familiar with).
        
               | erikerikson wrote:
               | The restorative power of meeting people's needs can be
               | underestimated.
        
               | erikerikson wrote:
               | The centerpiece (or perhaps incentive) of capitalism is
               | the _cooperation_ between people that money facilitates
               | more efficiently. Not to ignore the challenges of
               | liberalized economies or the way this can be twisted...
               | 
               | Not sure about your scenario but writing code does at
               | least sometimes improve the world. I helped create a
               | product that was later used to restore the rule of law in
               | a country trying to recover from genocide. The homicide
               | and assault rates for the entire country dropped by
               | double digits following use. That seemed significant.
               | 
               | While most of my efforts since have had far less dramatic
               | outcomes but the general circumstance is that even
               | mundane things like keeping the lights on are
               | instrumental for peace in our societies. Such things are
               | far from the dark patterns side of the industry but
               | there's something about babies and bathwater. We can
               | contribute to supporting the more constructive and
               | healthy efforts.
        
           | matheusmoreira wrote:
           | And if you call them out on this obvious bullshit you get
           | fired for creating a hostile work environment or some equally
           | bullshit reason.
        
         | ryantgtg wrote:
         | I'm seeing a lot of people who didn't understand what is being
         | described. I'm a front-end dev (kind of) and didn't understand
         | the description in the blog post. Once it's been explained on
         | HN, most people here seem to agree.
        
         | JohnDeHope wrote:
         | "even when told it is one on HN" I think this is an appeal to
         | authority, a logical fallacy.
         | https://www.thoughtco.com/logical-fallacies-appeal-to-author...
         | 
         | Is there a reasonable list of "dark patterns" that this tactic
         | in the OP falls into? I don't doubt it is a dark pattern. I'd
         | just like to know which one it is, and have it explained to me
         | in a little bit more detail. Thanks!
        
           | JasonFruit wrote:
           | I think the point of that part was, "Even the dark-pattern-
           | addicted HN crowd recognizes that this is a dark pattern, so
           | why doesn't everyone?"
        
       | titzer wrote:
       | Reading the comments here, I am surprised how many people are
       | outraged over the collection of an email address.
       | 
       | You're going to _flip_ when you find out what they know about
       | your location from your mobile phone.
        
         | [deleted]
        
       | k2enemy wrote:
       | Good on you for standing up to what you saw as a violation of
       | trust and ethics! You're light on the details of the departure
       | though. Were they explicit that the relationship "fizzled"
       | because of your refusal to deploy the code?
       | 
       | At a meta level, this post seems a little strange to me. Is the
       | linked site your blog? Or a discussion forum you're trying to
       | bootstrap and drive traffic to? If telling the story of this
       | ethical dilemma and the consequences were the driving motivation
       | for this submission, it seems a little low effort and light on
       | details of the consequences. But if it was to drive traffic to
       | your forum, then I guess it did a good job.
        
       | kube-system wrote:
       | This is why laws that regulate data collection are so necessary.
       | The ethical considerations that apply to software are so nuanced
       | that they are very easy to get lost or ignored in a typical SDLC.
       | 
       | It will be much easier for a developer (or an outsider) to throw
       | up a red flag that is taken seriously if it's a legal concern.
        
         | dhimes wrote:
         | Totally agree. I think a lot of the "evil" that happens in
         | business is done by well-intended people who make incremental
         | decisions while trying to compete. Some of them probably make
         | decisions they don't like, but because if they don't their
         | competitors will eat their lunch, they have to.
         | 
         | In my experience, honest business folks don't mind honest
         | regulations. It keeps the playing field level.
        
           | Cipater wrote:
           | *well-intended people who make incremental decisions while
           | trying to compete
           | 
           | May I take issue with this statement?
           | 
           | Why do you say they are well-intended when you subsequently
           | say that the intention is to make money? (compete to make
           | money)
        
             | kube-system wrote:
             | Because those concepts are not antithetical? We all feed
             | our families somehow.
        
             | dhimes wrote:
             | I think you can view money not as the end goal, but as the
             | means to accomplish your goal. If I have a goal to help
             | people become educated, I use business as a way to organize
             | resources (including people) to accomplish the goal. Money
             | is necessary to make that happen. Even for open-source
             | projects, money is necessary.
             | 
             | I respectfully disagree with Milton Friedman's oft-quoted
             | line, that the purpose of a business is to maximize value
             | for its shareholders, at least if we set value = money.
        
         | karaterobot wrote:
         | There are laws that regulate data collection, it's just that
         | companies who break them have every expectation that they'll
         | never get caught at it.
         | 
         | For example, here's an HHS page that exists to brag about the
         | effectiveness of HIPAA enforcement[1], and even by their
         | statistics, about 0.3% of complaints result in reviews. Now
         | imagine what percentage of violations never result in
         | complaints.
         | 
         | GDPR is arguably more successful, insofar as they levied around
         | $150M in fines last year, but most of that was from a couple
         | big cases (Google chief among them) involving companies who are
         | so big that even getting a $50M fine isn't going to change
         | their underlying practices. It's the cost of doing business if
         | hoarding private data is your business model.
         | 
         | Pretty much every website I've ever looked at that had a GDPR
         | compliance notice was implementing it in violation of the
         | actual regulation: they set cookies first and then notify you
         | about them. That's not how it works, dude. If you consider that
         | GDPR applies to any business that transacts with EU citizens,
         | the number of non-compliant websites is so huge that $150M is
         | _nothing_. The only effect of GDPR in practice has been to fill
         | the world with meaningless banners, not to protect anybody 's
         | data.
         | 
         | And in a nutshell, that's how data collection and privacy
         | regulation has worked out in the real world: a lot of
         | meaningless compliance theater, while business goes on as
         | usual.
         | 
         | [1]https://www.hhs.gov/hipaa/for-professionals/compliance-
         | enfor...
        
           | kube-system wrote:
           | GDPR is successful because they hand out fines but every
           | website is in violation of it? I would think that a
           | successful law results in compliance.
           | 
           | As someone who has worked with HIPAA data, I have personally
           | seen the data treated with a great deal of thought around
           | compliance. I think the numbers you cite are a _result_ of
           | that, not in spite of it. As your source points out, many of
           | those complaints aren 't eligible for enforcement. This isn't
           | because HIPAA isn't enforced, it's because many of the people
           | who are complaining don't know what HIPAA does.
           | 
           | But the US needs their own general privacy law too, GDPR is
           | not enough, as it isn't applicable to a lot of software built
           | in the US.
        
       | philote wrote:
       | I used to work for a company that did this, but it was supposedly
       | covered by their client sites' TOS. The client site would install
       | our tag, and our JS code would listen for emails to be entered,
       | and would send them to our backend to collect and cross-reference
       | with visitor on our other clients' sites. This allowed us to send
       | emails to visitors who left sites with buying anything, even if
       | they never entered their email on that site.
        
       | dm319 wrote:
       | I'm heartened to come here and see people refusing to do things
       | for ethical reasons. You need better protections in your work
       | though. I work in the medical field, and refusing to do something
       | is a common occurrence and certainly not a sackable offence - but
       | I guess the impact of what we do is immediately visible on
       | someone present. A lot of decisions people make in other lines of
       | work will impact a nameless person somewhere out of sight, so I
       | guess it's easier to be unethical.
        
         | freedomben wrote:
         | I have been waiting for doctors and other medical staff,
         | especially in ERs, to stand up about the insane over-charging
         | that takes place. Everyone seems to have a story, but in mine
         | before I agreed to anything I asked how much it would be. I was
         | given an estimate of around $1,200 for a scan, decided to
         | proceed because I knew I had $1,800 in my HSA. Turned out they
         | charged me almost $4,000 and I ended up in collections. I would
         | have _never, ever_ agreed to the scan if they had been honest.
        
           | ticviking wrote:
           | Get them to put it in writing.
           | 
           | Also you can usually mail a check with a short letter
           | explaining you are paying the estimated cost and caching the
           | check is the same as honoring that estimate.
        
       | stevebmark wrote:
       | Many forms autosave, I don't see this as a clear example of a
       | dark pattern.
        
       | Abimelex wrote:
       | If the regarding company is EU based or offering their services
       | also in EU you are obliged to report them to data protection
       | authorities.
        
         | notanormalnerd wrote:
         | I don't know why this hasn't come up in any of the threads.
         | With the GDPR this is illegal. Your data officer would be
         | furious and your VP probably out of a job for getting a
         | 100.000EUR fine. There is no reason you need that when the user
         | did not submit it, so you have no explicit consent. As a
         | developer in Europe I live the GDPR. I love my privacy and the
         | privacy of the users. All the marketing and sales stuff has
         | been proofen to not work very well, so what the heck?
        
       | klyrs wrote:
       | Years ago, I had a boss who really wanted me to do popup ads and
       | spam. I was the only programmer, so the buck stopped with me.
       | Every time, I told him to shove it.
       | 
       | Eventually, he threatened to hire outside developers to do the
       | work. Previous to my employment, he'd used foreign contractors
       | who were quick to cash checks and slow to do the work, and rarely
       | satisfied the order. I called him on it. "Go ahead, go back to
       | your past contractors... but by the way, wasn't your
       | dissatisfaction with them the whole reason you hired me?"
       | 
       | I think he managed to find an external marketing company to spam
       | for him, but he never got popup ads under my watch. The funniest
       | was the time he discovered popunder ads -- he thought I'd be cool
       | with those, for some reason. Sorry, guy.
        
       | [deleted]
        
       | akagusu wrote:
       | There is no ethics in business anymore, in Tech industry and any
       | other industry.
       | 
       | The right to buy food and pay your bills is what you get from
       | your payment if, and only if, you are willing to compromise your
       | own ethics.
       | 
       | If you start to make your work decisions based on ethics it will
       | be really hard for you to stay at your current job or get a new
       | one.
       | 
       | Unfortunately, this is the world we live now.
        
         | bittercynic wrote:
         | Do you think there are some exceptions to this rule?
         | 
         | I have the impression that grocery retailer Costco is
         | relatively good in terms of respecting their workers and
         | customers, and I think that is one factor in their success. I'd
         | be interested in learning about other companies that have
         | priorities beyond maximizing this quarter's numbers, or
         | learning why my impression of Costco is wrong.
        
           | akagusu wrote:
           | I think some exceptions are small/medium businesses,
           | specially small businesses. If you look at the majority of
           | small businesses not only in America but all over the world,
           | they don't even make profit, they just pay the bills, they
           | don't have the mindset of grow at all cost.
           | 
           | About Costco, I really don't know, but I know some big
           | companies can have ethics because I've worked for one. It was
           | the best place I ever worked.
           | 
           | Unfortunately, it is rare these days.
        
         | bserge wrote:
         | Anymore? It used to be worse.
        
           | akagusu wrote:
           | Do you think it was worse? Why?
        
         | that_guy_iain wrote:
         | What sort of ethics do you have that need to be comprised to
         | work in tech?
        
           | akagusu wrote:
           | Tell me one tech company that does not use dark patterns? And
           | I think the problem is not only tech, it's everywhere. People
           | turned on the "money at all cost" mindset. They know their
           | actions will do harm to someone but they simply don't care.
        
             | that_guy_iain wrote:
             | All depends if you mean actual dark patterns or something
             | you find distasteful. Either way my current company
             | doesn't, we work in the electric Vergil's industry. Not a
             | single distasteful thing expect some of the meetings with
             | clients and management plans. But tech wise, none that I
             | know of.
        
       | ChicagoDave wrote:
       | A reminder that WE are the product. Our emails, our phone
       | numbers, what we're shopping for, what we drive, where we live,
       | who we voted for....all of this is in a ginormous Oracle
       | marketing database that they rent to other companies. Google,
       | Facebook, Microsoft, Amazon...they all do the same thing. They
       | track us and every digital footprint we make.
        
       | phatbyte wrote:
       | > They had no version control.
       | 
       | Had to read this two times and check the year of the article to
       | make sure this wasn't from 2001
        
         | cactus2093 wrote:
         | Also the use of "remote" to mean contractor legitimately
         | confused me for a second, as if it never crossed the author's
         | mind that a full-time employee could be remote.
        
         | a2tech wrote:
         | _Hacker News ghost story_
         | 
         | I work with clients every day that don't have version control.
         | Some of them are even using PHP!
        
           | elwell wrote:
           | Do they at least work on files locally? Or do they ssh in to
           | modify the PHP file?
        
         | Quarrelsome wrote:
         | i mean, even without the dark patterns that's enough to justify
         | quitting.
        
       | yumraj wrote:
       | > apologies, but I don't want to work on this task because it's a
       | dark pattern.
       | 
       | While I understand the intent, words matter. If those were the
       | real words that were used, yes it will lead to souring of
       | relationship. Unless we notice a systemic pattern, accusations
       | should wait and that sounds like an accusation.
       | 
       | Perhaps the client was indeed trying to do something customer
       | friendly and they did not know better. It would have been better
       | if the OP had offered a solution rather than excuse of them
       | engaging in dark patterns and refusing to work on it.
       | 
       | And, if the client had not taken that solution, yes, I will agree
       | there is something nefarious. But till then, I wouldn't have
       | jumped to that conclusion so quickly.
        
       | mbostleman wrote:
       | What would be the problem with naming the company here if
       | everything said is the truth and there is no IP being disclosed
       | or other issues like that?
       | 
       | This is similar to when I see people posting in local contexts
       | (like on FB groups) that so and so local company provided
       | terrible service but the poster doesn't want to name names.
       | 
       | What good is done if names aren't named? If we have a name, then
       | things get fixed. Otherwise there is no feedback loop so there's
       | really no point.
        
         | brodock wrote:
         | People don't want to risk get sued for nothing
        
       | croes wrote:
       | Is it really a dark pattern to secretly store the email address?
       | Aren't dark patterns about tricking the user to something he
       | doesn't want to do?
       | 
       | This is just illegal data storage.
        
         | t0mbstone wrote:
         | I mean, technically, you could put something in the web site
         | terms and conditions to the effect of, "all user input is
         | recorded for quality assurance purposes", and then it wouldn't
         | be illegal anymore.
         | 
         | How is this any different than when telephone conversations are
         | recorded on phone support lines, or when a video game records
         | all user input and streams it to the remote server?
         | 
         | It's all about disclosure up front. As long as the web site has
         | done that properly, it's legal, right?
        
       | sli wrote:
       | > It's hard for people to understand or care about ethics in
       | programming. One possible reason for this is that the issues are
       | too nuanced.
       | 
       | In my experience it's because the marketing team has already sold
       | the dark patterns.
        
       | dt3ft wrote:
       | Respect.
        
         | codingclaws wrote:
         | thanks
        
       | fc373745 wrote:
       | to be honest, that's pretty tame as far as dark patterns go.
       | 
       | If a user had already typed their email onto the field, then the
       | user had at least some intent to sign up whatever the user wanted
       | to sign up for.
       | 
       | This makes what ad trackers and ISPs do with how we browse seem
       | like war crimes if you were to call this a 'dark pattern'
        
         | surround wrote:
         | A dark pattern is tricking the user into doing something they
         | didn't mean to do. I don't expect or intend my email address to
         | be uploaded _before_ I click submit. I expect it to happen
         | _after_.
        
       | theshadowknows wrote:
       | Purchasing member data from data brokers. I can't stand it.
       | There's almost never a legitimate business reason to do it. It's
       | invasive, aggressive, useless, expensive...anyway I make new
       | enemies every week when I push back (less and less respectfully
       | every time.) but it's something that I feel strongly about, and
       | if my bosses want blind loyalty they can fire me and get a dog
        
         | ev0lv wrote:
         | But what about making it easier to auto-fill member's
         | information into a contract? (sarcasm)
        
       | belval wrote:
       | So isn't this illegal? In the same way that a website can't send
       | you their newsletter if you don't check the box at the bottom of
       | the form when you register for something? Is that just a Canadian
       | thing?
        
         | that_guy_iain wrote:
         | Well, who says they're going to send you a newsletter? It could
         | be used by sales to contact you directly to ask why you didn't
         | proceed. Instantly, that is what I assumed the email was for.
        
       | wing-_-nuts wrote:
       | I was doing my taxes on taxact a year or two ago, when I noticed
       | a small lag every time I switched fields. Every time I went to
       | the next field, a network request was being made to some third
       | party analytics thing with the data I entered.
       | 
       | Somewhere, in the back of my mind I know that all data I enter
       | online is inevitably being hovered up and used for god knows
       | what, but when you're suddenly made aware of it, it's really
       | unnerving.
       | 
       | Something about this makes me want to have a 'falling down'
       | moment. Let me get this straight, not only is our tax system so
       | complex and error prone i have to pay money to a third party to
       | figure out how much I should be paying to our government, but the
       | software company I pay then turns around and sells my data? The
       | government does nothing to remedy this? It really goes to show
       | who our government serves, and it sure as hell isn't 'the
       | people'.
        
         | handrous wrote:
         | Letting JavaScript initiate requests or mutate data associated
         | with forms was a huge mistake.
        
         | jareklupinski wrote:
         | I mean... in a way... it is "serving its people"...
         | 
         | in a "To Serve Man" sort of way ;)
         | https://en.wikipedia.org/wiki/To_Serve_Man_(The_Twilight_Zon...
         | 
         | installing ublock Origin should help block most of those nasty
         | analytics hoovers
        
         | wizzwizz4 wrote:
         | Consider installing Local Sheriff:
         | https://addons.mozilla.org/en-GB/firefox/addon/local-sheriff...
         | It detects these abuses and lets you know.
        
         | chubot wrote:
         | I've been using taxact for 4 years, and have found it better
         | than TurboTax. This year something seemed off -- quality issues
         | and I think they were pushing for more upgrades. More dark
         | patterns maybe, or at least grey.
         | 
         | Did something happen? Did they change ownership? Any good
         | alternatives to taxact?
        
           | eropple wrote:
           | Tax preparation is one of those places I've found that going
           | to a _person_ rather than a _website_ actually really pays
           | off. TurboTax et al handle simple cases fine but if you have
           | a complex situation (I own a home, owned a business, etc etc)
           | having a person who 's in the room with you and can directly
           | ask you questions and interpret data that you've got on hand
           | is invaluable.
           | 
           | My tax preparer is something like $250 a year and reduced my
           | liability in a very tumultuous year from about $20K to about
           | $9K by understanding what I actually had going on and helping
           | to work through it.
        
             | FireBeyond wrote:
             | And an actual tax preparer, not a script reader like H&R
             | Block.
             | 
             | The first year I moved to the US, I had a whole bunch of
             | things going on. Buying a house, working from home, buying
             | a hybrid car etc., getting married. I had no real idea
             | about the tax system, so saved all our receipts etc., and
             | went to H&R Block.
             | 
             | "So what do you want to claim?"
             | 
             | "What can I claim?"
             | 
             | "What do you mean?"
             | 
             | "Here's a bunch of receipts and I can tell you all the
             | details."
             | 
             | [vaguely confused look] "Let's go through the app."
             | 
             | And I watched as basically she transcribed our most basic
             | information into their in house version of something akin
             | to TurboTax.
             | 
             | I could have done that myself.
             | 
             | I complained. And did, eventually, get someone there who
             | knew how to not be a glorified transcriptionist.
             | 
             | And then the next year found someone who had knowledge of
             | their own.
        
               | chubot wrote:
               | Yup, that happened to me. I paid something like $250 for
               | a tax preparer who just entered the info into TurboTax.
               | 
               | It hit a weird case and she didn't know what to do.
               | Eventually I looked up the actual tax code and told her
               | what to do. As far as I remember it was about splitting
               | the cost basis over multiple years. I owned some weird
               | stock where that came up.
        
               | eropple wrote:
               | AFAIK, TurboTax does sell access to a version of their
               | software for the script reader, too. ;)
        
           | Penguinx628 wrote:
           | I recommend CreditKarma Tax. Intuit purchased them to destroy
           | them but was forced to sell that division to square. if
           | that's any indicator of how much of a threat they are to
           | intuits revenue stream.
        
         | btown wrote:
         | A brief reminder, especially when talking about dark patterns,
         | that Intuit and its peers have spent 20 years making this a
         | reality and cloaking their legal obligations to provide free
         | options, as detailed in
         | https://www.propublica.org/article/inside-turbotax-20-year-f...
         | :
         | 
         | > Internal presentations lay out company tactics for fighting
         | "encroachment," Intuit's catchall term for any government
         | initiative to make filing taxes easier -- such as creating a
         | free government filing system or pre-filling people's returns
         | with payroll or other data the IRS already has. "For a decade
         | proposals have sought to create IRS tax software or a
         | ReturnFree Tax System; All were stopped," reads a confidential
         | 2007 PowerPoint presentation from an Intuit board of directors
         | meeting. The company's 2014-15 plan included manufacturing
         | "3rd-party grass roots" support. "Buy ads for op-
         | eds/editorials/stories in African American and Latino media,"
         | one internal PowerPoint slide states.
         | 
         | > The centerpiece of Intuit's anti-encroachment strategy has
         | been the Free File program, hatched 17 years ago in a moment of
         | crisis for the company. Under the terms of an agreement with
         | the federal government, Intuit and other commercial tax prep
         | companies promised to provide free online filing to tens of
         | millions of lower-income taxpayers. In exchange, the IRS
         | pledged not to create a government-run system.
         | 
         | > Since Free File's launch, Intuit has done everything it could
         | to limit the program's reach while making sure the government
         | stuck to its end of the deal. As ProPublica has reported,
         | Intuit added code to the Free File landing page of TurboTax
         | that hid it from search engines like Google, making it harder
         | for would-be users to find.
         | 
         | > What is clear is that Intuit's business relies on keeping the
         | use of Free File low. The company has repeatedly declined to
         | say how many of its paying customers are eligible for the
         | program, which is currently open to anyone who makes under
         | $66,000. But based on publicly available data and statements by
         | Intuit executives, ProPublica estimates that roughly 15 million
         | paying TurboTax customers could have filed for free if they
         | found Free File. That represents more than $1.5 billion in
         | estimated revenue, or more than half the total that TurboTax
         | generates. Those affected include retirees, students, people on
         | disability and minimum-wage workers.
        
           | mkr-hn wrote:
           | The audacity they have to run ads promising to simplify taxes
           | when they're responsible for that complexity is amazing.
        
             | btown wrote:
             | Saying "it wasn't me, it was my boss who created the
             | situation, I'm just trying to make people's lives better
             | within these constraints!" is the best way to calcify and
             | perpetuate those constraints.
        
               | musingsole wrote:
               | Oof this hits close to home these days. I just want to
               | scream "we're doing this to ourselves!!!"
        
           | orcasauce wrote:
           | We must keep filing taxes complicated, for the sake of
           | Capitalism! This reads like Huxley.
        
         | suzzer99 wrote:
         | Sounds like it was not only shady, but incompetent in making
         | the calls synchronous.
        
         | freedomben wrote:
         | This happened to me with GMail recently. I fat fingered and
         | accidentally opened dev tools and saw every single keystroke
         | triggered a request back to home. I obviously knew this was
         | happening, but seeing it happen in real time really, really
         | unnerved me.
        
           | isleyaardvark wrote:
           | Gmail autosaves emails as drafts while you're typing, so at
           | least in that case there's an excuse.
        
       | egfx wrote:
       | Hire me. I'll implement it.
        
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       (page generated 2021-06-25 23:01 UTC)