Professor Ignacio Cofone, Professor of Law and Regulation of AI, has a new paper forthcoming in the University of Toronto Law Journal titled “Consent, Design, and Deceit: A Bottom-up Proposal for Regulating Dark Patterns.”
In the article, Professor Cofone and his co-author Henry Coomes, examine how privacy law’s heavy reliance on individual consent has inadvertently fuelled the rise of “dark patterns”, deceptive user-interface designs that manipulate individuals into making unintended decisions. These practices often extract formalistic but largely meaningless expressions of consent, undermining genuine autonomy and distorting consumer choice.
The paper situates the problem within broader legislative developments in Canada, the United States, and the European Union, where policymakers are increasingly recognising the risks posed by online manipulation. Despite this growing awareness, dark patterns continue to threaten consumer protection, privacy, and even democratic institutions.
Arguing that the issue stems from a systemic overreliance on consent, the authors call for a systemic regulatory solution. They propose a novel grassroots reporting and rewards framework, backed by legislation prohibiting dark patterns and enforced by a dedicated authority responsible for investigating claims. The article offers a concrete and forward-looking model for strengthening digital regulation and restoring meaningful user agency.