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

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

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

40 of 76 comments (clear)

  1. Make them pass a quiz by Rick+Schumann · · Score: 5, Insightful

    Aside from 'deceptive' practices I think the average person doesn't understand what they're consenting to in the first place. Make it into a teaching session, and they have to pass a quiz, proving they understand what they're signing.

    1. Re:Make them pass a quiz by Rick+Schumann · · Score: 1

      If you say so, bub. By the way 4chan is this way ------> I hear all the trolls gather there, you should be right at home.

    2. Re:Make them pass a quiz by DontBeAMoran · · Score: 1

      Fuck everything, we're doing 32chan.

      --
      #DeleteFacebook
    3. Re:Make them pass a quiz by dgatwood · · Score: 4, Funny

      640chan should be enough for anybody.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:Make them pass a quiz by _Sharp'r_ · · Score: 2

      Great, so now every tech startup has to have their very own IRB? And file yet another set of paperwork with the federal government? All so the politicians can forbid Youtube from making their videos autoplay "for the children"?

      This is ridiculous. We're not the government's slaves, nor their children. We don't need them to make all of our decisions for us. They're supposed to be the servants of the people, not the other way around.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    5. Re:Make them pass a quiz by Rick+Schumann · · Score: 1

      What the hell are you even talking about? Did you respond to the wrong person or something?

    6. Re:Make them pass a quiz by Rick+Schumann · · Score: 1

      0/10 for your trolling effort. YOU HAVE TO GO BACK: http://www.4chan.org/

    7. Re:Make them pass a quiz by BringsApples · · Score: 2

      He's probably talking about this interesting bit from the bill:

      IN GENERAL
      —An association of large online operators may register as a professional standards body by filing with the Commission an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the association and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for protecting the welfare of users of large online operators.

      --
      Politics; n. : A religion whereby man is god.
    8. Re:Make them pass a quiz by WaffleMonster · · Score: 1

      Great, so now every tech startup has to have their very own IRB? And file yet another set of paperwork with the federal government? All so the politicians can forbid Youtube from making their videos autoplay "for the children"?

      I agree with you. It's one thing to require people to do or not to do something. Quite another to impose these kinds of process requirements.

      Having said that in fairness requirement is only triggered in very specific circumstances.

      1. Your system must have 100,000,000 unique authenticated user logins in a 30 day period.

      2. You are engaged in psychological experimentation on your users. I assume this also includes random AB testing?

  2. Re:shouldn't they just... by nonBORG · · Score: 1

    This is the big corp v's single person. Who is going to sue and what would you get if you did win? perhaps they would delete your data, or say they did. Hard to assign a value to what you have signed away.

    Legislative measures do have a place, not sure if this is one but it sure is an area of abuse so would be worth looking at.

    --
    You can't handle the truth! - Because I don't post left all my comments get modded down, bye bye Karma.
  3. Ban ads? by AHuxley · · Score: 2

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

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Ban ads? by Anonymous Coward · · Score: 2, Insightful

      Banning online ads actually sounds pretty good to me.

    2. Re:Ban ads? by nitehawk214 · · Score: 1

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

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    3. Re:Ban ads? by omnichad · · Score: 1

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

  4. Here we go again by DontBeAMoran · · Score: 4, Funny

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

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

    --
    #DeleteFacebook
    1. Re:Here we go again by shadow_slicer · · Score: 1

      You clearly have never worked in the defense industry. Having a good acronym can make or break a project there.

    2. Re:Here we go again by No+Longer+an+AC · · Score: 1

      I would suggest they call it Deceptive Experience Reduction Plan or just DERP.

  5. That word doesn't mean what you think it means by raymorris · · Score: 1

    It sounds like you care about freedom of speech. You want too avoid regulation of speech. That's cool.

    In order to make a convincing argument regarding restrictions in speech, you might want to learn the basic vocabulary of the topic. Things like:

    A. The first amendment prohibits the federal government from infringing freedom of speech. (You might know that already.)

    B. A censor is someone who redacts portions of a work before it can be seen by the public.

    C. Censorship is a system of - censors. Government officials who have to approve speech before it can be published.

    Censorship is one method of implementing or enforcing severe restrictions on speech. Other methods include fines and jail time.

    1. Re: That word doesn't mean what you think it means by Obfiscator · · Score: 1

      What's the definition of a continent?

      I have seen children taught anywhere from five to seven continents, based on the country I have been in. I think there is a good chance only two continents exist: America and Europeasiafrica, based on the definition of "a large landmass completely surrounded by natural water". Antarctica possibly (14 million square km), and maybe you could make an argument for Australia (7.7 million). So let's be generous and say four continents.

      A better question may be, why do people care about the definition of a continent? What purpose does it serve to label something as a "continent"? Is a continent a geographical feature (like I imply above) or a political classification? That would help create a more useful definition.

      --
      "Nothing shocks me. I'm a scientist." -Indiana Jones
  6. Lol by raymorris · · Score: 1

    That was funny

  7. "who is the Vice President" eliminates half by raymorris · · Score: 3, Interesting

    Approximately 50% of American adults don't know who the Vice President is.

    Yet some say it's super important that everyone come out and vote for your Senator. Because they all know which fiscal policy proposals supported by each Senate candidate will be more effective in the long run, and in the short run?

    For a lot of people, public policy, economics, and international relations are not on their top 10 list of interests. They don't care to spend their time learning about any of that. I'm not so sure our state or country is so much better off because they vote (based on a Tweet their friend told them about, or "he's good looking").

    Maybe, just maybe - we should encourage people to learn about civics so they can be informed voters. If they decided they don't want to know the difference between microeconomics and macroeconomics, if they don't care who the incumbent is, if they don't know what their current tax rate is, maybe it's okay if they leave the voting to people who do have some basis for making a rational decision of who to vote for.

    Actually, expanding that idea might make for a good system. I've had multiple friends put me in the awkward position of asking me who they should vote for, because I'm a nerd who likes to study this stuff. I don't feel right answering the question of who they should vote for, but I kinda don't feel right leaving their questions unanswered. So here's an idea:

    I bet most people know someone who knows who the Vice President is. They probably have one friend who knows their current tax rate. They could vote for the person that they know. You vote for whichever of your friends you think is most informed or would vote smart. Maybe one every ten or twenty adults gets voted in by their friends. Then it is their responsibility to study the candidates and the the issues and vote for the actual office holder. That way everyone gets a say, and the people directly voting for a senator or president actually know what the candidate's policy proposals are.

    1. Re:"who is the Vice President" eliminates half by Rick+Schumann · · Score: 1

      Friend, stop feeding the troll.

    2. Re:"who is the Vice President" eliminates half by Anonymous Coward · · Score: 2, Insightful

      How about more education funding for civics and economics classes... we can't fix the high school popularity contest by making the situation more like a high school popularity contest.

    3. Re:"who is the Vice President" eliminates half by shadow_slicer · · Score: 1

      And we can call these people "electors" and they can all go to an "electoral college" to vote.

      In all seriousness, that's not a terrible idea, but we would still need everyone to hold their designated elector accountable. And that kind of gets back to the original problem (since they need to know the candidate's positions and the elector's vote to hold them accountable).

    4. Re:"who is the Vice President" eliminates half by davesays · · Score: 1

      I like your sentiment but I think the issue is way bigger. 1) people go to represent you and are corrupted into trading votes and becoming important. 2) the way legislation is written. Intentionally written to be deceptive and/or have loopholes and/or work exactly the opposite of what it states. A sub-issue is "bills that are too big to fail." Obamacare, purely as an example was just too damn big to really understand inside and out. Unfortunately, unintended consequences are still real consequences. If they are part of a bill that size it is really difficult to isolate and correct. I think that having a bill ~1000x the size of the constitution is a bad idea. I think it is possible to understand how the government is supposed to work. I'm just not sure it is possible to understand how it DOES work (at a nuts and bolts level) anymore...

  8. YACL - Yet Another Crappy Law by bradley13 · · Score: 1

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

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

    The whole selection process for Congresscritters seems to pre-select certain kinds of people. Some put on a good act, but are actually dumber than a bag of hammers (see Maxine Waters or AOC). Others are just fundamentally corrupt, and enjoying the power and wealth that come with the job (too many examples to count).

    --
    Enjoy life! This is not a dress rehearsal.
  9. Oh noes! by Ol+Olsoc · · Score: 1
    "The law would also apply to "behavioral or psychological experiments or studies," such as the ones used by Cambridge Analytica in order to sort users by personality type."

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

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

    Some people must think I do that too, because they all come up to me and ask "What kind of asshole are you Ol?

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  10. Interesting bit of the bill... by BringsApples · · Score: 1

    I found this here:

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

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

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

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

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

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

    --
    Politics; n. : A religion whereby man is god.
    1. Re:Interesting bit of the bill... by imidan · · Score: 1

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

      Does this mean that if I use site/log analytics to study the behavior of users so I can adjust the features of the site for better user efficiency, that I need to convene an independent IRB, register that IRB with the Commission, and then produce a human subjects research plan for approval? As stupid as that sounds, it seems to pretty clearly fall within rule 4.

      I appreciate the intentions of these senators, I guess. But it doesn't look like this proposal has been vetted by anyone who knows how the Internet actually works... like the recent EU bills, or the constant calls for back doors into encryption, or online content filtering. It'd be nice if our legislators were more tech literate.

    2. Re:Interesting bit of the bill... by BringsApples · · Score: 1

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

      --
      Politics; n. : A religion whereby man is god.
  11. . . . on the internet by bigdavex · · Score: 1

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

    I wonder if there's a helpful step where a third party translates contracts (government or otherwise) into normal-people language or classify the contract with iconography. Most of the click-through agreements are impractical to actually read; the benefit from the service or product is less than the effort to read the agreement. So the average consumer has to either (A) Hope it's not bad or (B) Not agree to anything ever.

    --
    -Dave
    1. Re:. . . on the internet by omnichad · · Score: 1

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

  12. The New Consent Form by DickBreath · · Score: 2

    Do you want to allow us to track you all over the internet using cookies, scripts, malware and zero day exploits?

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

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

    Please select your choice.

    --

    I'll see your senator, and I'll raise you two judges.
  13. Highest funding, lowest results by raymorris · · Score: 1

    The US has among the highest education spending in the world, and among the worst results in the developed world. As our spending has increased, results have gotten worse.

    I'm fortunate to live in a school district that is very much not "one size fits all". Embracing "different strokes for different folks", we have several different types of magnet schools to choose from, charter schools, and traditional schools. Many the schools are rated 10 or 9 (of 10) on GreatSchools.org.

    1. Re:Highest funding, lowest results by omnichad · · Score: 1

      That's not because funding is bad. It's because educators have no idea how to use technology in education and buy way too much of things that they don't need. And tech is so much more expensive than many more practical concerns. It's not all their fault because they've been told how important technology is but don't have the resources to understand what is needed.

    2. Re:Highest funding, lowest results by pnutjam · · Score: 1

      Great talking point, but school spending does create better outcomes. The best US schools have excellent results. They have had excellent results for a long time. The students we are failing are mostly poor and non-white. This is probably by design, but has been improving slowly.

  14. Or just know which friends are dumb, smart by raymorris · · Score: 1

    With the current electoral college system, one doesn't know either the electors or the candidates, so you have to study.

    Thinking of people I know personally, I can think of three or four people who have shown some wisdom in how they lead their life. I see that they make solid decisions, very reasonable decisions, which are sometimes different than the decisions I made. Suppose I care evenly about social policy and tax policy. I could reasonably say "my friend from church who built her accounting practice from the ground up into a successful business with five employees is a smart lady. I don't know the details of the different tax proposals, but I can trust that when she says she has studied them, she'll draw reasonable conclusions. On social issues, I know we and I are coming from the same general mindset. I trust she'll choose candidates with positions that are reasonably compatible with our shared world view".

    The point being, I DON'T have to study tax policy if I can vote for a friend who does study tax policy, and who makes good choices. Heck, even if 20% of adults were chosen as electors, that would leave you with roughly the following choices among five people you know:

    Your high school drop out brother who bags groceries and dreams of being an actor

    You brother-in-law, the tax lawyer

    Your 50% senior mother

    The crackhead staying on your couch

    Your sister, who is working on her masters in social work

    Two of these choices are obviously better than the other three, to put in charge of studying the candidates. Either choice significantly improves the average voter knowledge compared to having all five vote directly. Crackhead can vote for tax lawyer knowing ONLY that the tax lawyer isn't likely to make choices much worse than the choices crackhead tends to make.

  15. Or study and vote yourself by raymorris · · Score: 1

    Of course if you DO want to study the issues and the candidates' positions, you could step up as a rep voter yourself. Just find four friends to choose you as their designated representative.

  16. Oxford dictionary by raymorris · · Score: 1

    I should have said "an authority" rather than "government".
    From Oxford Dictionary:

    censor
    NOUN
    An official who examines books, films, news, etc. that are about to be published and suppresses any parts that are considered obscene, politically unacceptable, or a threat to security.

    There are two key parts of the definition, a part that is there and a part that is NOT there. The definition does not mention the word "bad". Something can be bad and not be censorship. Something can violate free speech and not be censorship. Censors is one of many methods of infringing on free speech, generally the most extreme method. So if I say something is not censorship, that doesn't mean I think it's good. It might be bad, and not have any censors involved.

    The key part of the definition that IS there is " examines books, films, news, etc. that are about to be published". Censorship prevents the public from ever seeing the material at all. That distinguishing it from systems in which the material is available to the public, and later the public can judge whether any charges brought against the publisher are just.

  17. "Probably", at the very lowest end of the scale by raymorris · · Score: 1

    The article you linked, titled "It Turns Out Spending More Probably Does Improve Education", concludes that the very poorest, least-funded districts saw improvement when their funding was increased to "adequate".

    Which is a lot like the correlation between eating and riding a bicycle - people who are starving to death don't do much pleasure riding. That in no way suggests that if the average American ate more, they'd bike more.

    That's the conclusion of an article cherry-picked to argue for once again increasing spending even more.