"Dark Patterns" is also known as "Internet trap"，It was initially proposed by the British user interface expert Harry Brignull，It mainly refers to a mechanism used in the website or application interface，This mechanism uses human cognitive habits to induce user action，Usually to prevent users from taking certain actions，For example, preventing users from canceling subscriptions，Or to guide users to complete the operation they did not take，For example, to promote the user's consent to share the address book。Notification of price reduction of online shopping carts、Reminder someone is viewing the hotel you want to book，These are all dark model traps。Compared with traditional consumption induction，Dark models are more hidden and diverse，Putting new challenges to consumer protection，How to properly perform legal regulations and worth studying。

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New classic economics based on rational selection theoretical model，Assume that all actors will have more benefits and costs to act rationally。But consumers are not fully rational，Just as Herbert Simon's "limited rational" concept proposed in the 1950s，When people must make decisions based on limited cognition，Often tend to rely on some shortcut thinking instead of starting full analysis，As a result, it is easy to be affected by emotional influence。but but，Consumers This abnormal behavior caused by systemic decision -making deviation is not irregular to follow，Instead, it can be predicted and grasped。For example，The operator can use the "frame effect"，Guide consumers to make specific decisions by changing to ask questions bet365 best casino games and providing information; use the "default bias"，Set the option you want to choose to choose as the default option; use the "ScarCity Theory" and "Loss Aversion"，To induce consumers to buy a specific product that is about to end; use the "Status QUO BIAS"，Promote consumers to continue to subscribe to specific services。Dark model is a deliberate design that operator is based on the prediction of consumer irrational behavior，Affect user cognition by changing the selection of structure，Maximize its business purposes。

　The law should be involved in the dark mode

One，Make up the market failure，Accelerate the restoration of the market automatic adjustment function。Consumers are manipulated by the dark mode，Usually reduce the sensitivity to prices and services，Ignoring the balance of cost costs，irrational deviation from real preferences。The consumption decision they made accordingly will lead to the "Behavioral Market Failures"，distorting social resource allocation，Make it unable to reach Pareto's best state。Traditional consumer protection technology with information disclosure as the core is difficult to correct the behavioral market failure，When this market fails to endanger social welfare，It is necessary for the country to actively participate in economic affairs，Limited Dark mode business activities。This is also in line with John Mill's "damage principle"，is to prevent the operator from deliberately using decision -making bias to harm consumers，It can violate the will of the operator and use the power to him in the local area。In the sense of making up or repairing the market failure，Dark mode with legal norms can promote consumers rational decision -making，Finally enhance social welfare。

Its two，Overcoming the lack of protection，Urges the country to faithfully fulfill the protection obligations。Contract freedom is the key link of the Bet365 app download freedom of citizen economic activity，It can be interpreted as the basic rights of citizens guaranteed by the Constitution。Contracts as basic rights have defense right attributes，State power must not be easily infringed，According to the theory of national protection obligations，The state must also actively provide protection，so that the contract is free from the subject of other private laws。However, under the dark mode，Although consumers are promoted，But still make consumer decisions，Is the country's adult -based intervention that damages the essence of the freedom of contract? Real contract freedom requires the parties to have autonomy in a substantive sense。Consumers are placed in the decision -making framework preset by the operator under the induction of the dark mode，It seems to be able to act independently，But the actual lack of rational autonomy，Its autonomy means that it was hidden during the formation stage，Alienation is the "His Lord" tool for the operator to perform external control。The essence of this kind of contract freedom is to damage consumers' independent decision -making and options，It should be restricted。In view of the dark model endangering the autonomy of private law，The state has obligations to adopt necessary、Protection measures with expected possibilities，Guarantee citizens from the danger of free will be formed by the free will to fall into the freedom of the contract。

What needs to be noted is，Regulatory dark model should avoid the intervention of the tough legal parents (Patestalism) who directly prevent or change consumer wishes，If you only interfere with public action on the grounds of promoting public welfare，and do not provide their free choice and opportunities for themselves，Moral risks that regulators are trying to manipulate consumers in accordance with the bet365 Play online games will of the regulators，Even the results that are worse than unavailable regulations。The regulatory goals of the dark mode can only be to guide consumers to make rational choices，Not to make a decision，Consumers can still choose to choose themselves。

　　Guided by the Formation of Behavior and Economics

Real danger caused by the dark mode，Internationally, there are countries and regions in law enforcement、Response in the practice of judicial and legislative。For example，The Federal Trade Commission imposed a fine of 10 million US dollars on the online platform Age of Learning and asked it to change the marketing method，Because it uses the dark mode to set the automatic renewal to the default option，Make customers renew the service without knowing it。EU courts ruled that the pre -selected boxes in the Planet 49 case did not constitute the consent of the user's "autonomy" in the case of "Informed"。The British Information Commission Office's "Age Age Design: Code of Network Service Conduct" released by the British Information Commission Office in 2019 proposes the "light push technology" of the "light push technology" to guide user decision -making in network service providers。The United States "California Privacy Act" clearly requires operators to obtain consumers' consent and not use any dark mode，Emphasized that the agreement reached through the dark mode does not constitute consent。

Dark models have not been effectively restricted by regulatory authorities in my country，Existing contract、Data protection、Consumer Rights Protection and Competitive Legal Standards also have insufficient norms。Legal specifications Personal behavior，Law and behavior science can communicate and learn from each other in many aspects。But the knowledge of behavioral science does not have a direct normative effect，This requires us to infiltrate the theoretical thinking of behavior science into bet365 best casino games legislation、Law Enforcement and Justice and other links，The gap in the "behavioral surface" in order to make up for legal norms。

First，Re -depict the consumer image in the dark mode。Current，Many "general consumers" concepts involving consumer rights protection disputes，For example, it is enough to judge whether the operator's false propaganda behavior is sufficient to cause consumers to have a wrong understanding、Whether there is an invalid situation in the format of the format，Judges will use the daily life experience and attention of "general consumers" as the criterion standard。But this rational and savvy consumers who guide the image do not exist in life practice，Consumers do not always think and act like rational people，is always full of decision -making deviation。Therefore，It should reduce the requirements for consumer rationality，Re -depict the image standard of "irrational consumer" image，Clarify that "irrational consumers" have limited information acquisition and processing capabilities。

Next，At the explanation level，Re -use with behavioral scientific thinking、Understand specific concepts in legal specifications。For example, Article 14 of the Personal Information Protection Law，"For personal information based on personal consent，This consent shall be voluntarily approved by individuals under the premise of sufficient knowledge、Determine "。"Volunteer" in which must be re -interpreted，Volunteers here not only require consumers to make based on their own will，It is also required that the meaning should not be controlled by the dark mode during the formation stage。As for the "full informedness" in this clause, not only requires operators to "make a prominent way when dealing with personal information of consumers、Clear and easy -to -understand language true、Accurate、Fully "to bet365 live casino games inform the obligation，It is also required that the framework formed by the information should not produce improper control effects。

Last，When the regulation experience of the dark mode is accumulated to a considerable degree，It must comprehensively confront various dark model risks at the legislative level，Legislative thinking that takes into account behavioral economicism establishes specific protection specifications for consumers and competitive order in dark models。Actually，Relevant regulations in the current legal specifications of our country have already reflected the tendency to focus on behavior motivation，For example, Article 25 of the "Consumer Rights Protection Law" About the use of the network、TV、Tel、mail order and other methods to sell goods when selling goods when consumers "seven days without reason" regulations，Another example is Article 19 of the E -Commerce Law on the "By default Sales Forbidden" regulations。Regulating operators' use of consumer decision -making deviation must be intervened in business freedom，Proportion -based principle，Legislators should take the most gentle means，More adoption of incentives and guidance and use less compulsory methods，To help consumers take action as possible based on their own real preferences。Except the physical specification，For small decentralized sexual assault caused by the dark mode to consumers，You can also consider establishing a special litigation program at the level of the program to achieve effective relief。

In recent years，The shape of the dark model is constantly changing and development，Naturally, it needs to reserve sufficient elastic space in the legislative framework。Re -interpret the role of consumers played by consumers in online and economic activities with the language of behavioral legal economics，Can make Bet365 lotto review up for the lack of current consumer rights and competition legal norms。

　(This article is the National Social Science Fund Youth Project "Blockchain Corner of Digital Creative Industry Copyright Protection and Transaction Research" (19CFX063) phased results)

(Author Unit: Chinese Metrology University Law School、School of Intellectual Property)