"What I'm Interested in is Something that Violates the Law": Regulatory Practitioner Views on Automated Detection of Deceptive Design Patterns

Abstract: Although deceptive design patterns are subject to growing regulatory oversight, enforcement races to keep up with the scale of the problem. One promising solution is automated detection tools, many of which are developed within academia. We interviewed nine experienced practitioners working within or alongside regulatory bodies to understand their work against deceptive design patterns, including the use of supporting tools and the prospect of automation. Computing technologies have their place in regulatory practice, but not as envisioned in research. For example, investigations require utmost transparency and accountability in all the activities we identify as accompanying dark pattern detection, which many existing tools cannot provide. Moreover, tools need to map interfaces to legal violations to be of use. We thus recommend conducting user requirement research to maximize research impact, supporting ancillary activities beyond detection, and establishing practical tech adoption pathways that account for the needs of both scientific and regulatory activities.