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Sen. Mark Warner. Photo: Al Drago/Getty Images

Sens. Mark Warner (D-Va.) and Deb Fischer (R-Neb.) will debut a measure Tuesday that cracks down on manipulative design features in major web platforms like Google, Facebook and Amazon meant to capture users’ consent or data.

Why it matters: Lawmakers are trying to put checks on the fundamental design choices that Silicon Valley uses to attract and retain users. Those “dark patterns” targeted by the new legislation can get users to agree to data collection or other practices they would not consent to if they understood that’s what they were doing.

An example of a dark pattern is when LinkedIn prodded users to let it email their contacts with either an invitation to join the users’ network or create an account on the service.

  • Critics contend that the data gathered in part through these practices gives the biggest tech companies a major advantage over their smaller competitors.

Details: The Deceptive Experiences to Online Users Reduction Act would apply to online services with over 100 million monthly active users.

  • The bill would make it illegal for one of the services to “design, modify, or manipulate a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision-making, or choice to obtain consent or user data,” according to its draft text.
  • It also bans design features aimed at “cultivating compulsive usage” for kids under the age of 13 and dividing consumers out in order to perform experiments on them without their consent.
  • Services would also have to regularly make public details of experiments they conducted “with the purposes of promoting engagement or product conversion.”

Provisions in the bill would be enforced by both the Federal Trade Commission and an outside body, comparable to the self-regulatory organization that polices the securities industry, including at least one director not linked to one of the online services being regulated.

Yes, but: Identifying "dark patterns" is a thorny task. Separating deceptive data-gathering practices from measures on the right side of the line would be complex and must take into account a vast number of variables.

The big picture: The bill is one of several expected to emerge from Warner’s memo, first reported by Axios last year, laying out ways to rein in Big Tech — and the latest idea to take aim directly at core practices of major tech firms.

  • Sen. Ed Markey (D-Mass.) said last week he plans to introduce legislation banning manipulative designs targeting children online, as well as algorithms that can steer them to harmful content.
  • U.K. policymakers just proposed regulations that would include guidelines for how online services could be designed with safety in mind.

Go deeper: Read the bill

Editor's note: This story has been updated with a link to the full text of the legislation.

Go deeper

Updated 58 mins ago - Politics & Policy

Prosecutors charge parents of Michigan school shooting suspect

Photo: Scott Olson/Getty Images

The parents of a 15-year-old accused of killing four students and wounding seven other people at a Michigan high school have been charged with four counts of involuntary manslaughter, according to court documents.

The latest: Lawyers for James and Jennifer Crumbley told the Detroit News they are "returning to the area to be arraigned," after law enforcement officials announced a search for the Crumbleys had been initiated.

Updated 5 hours ago - Politics & Policy

Omicron dashboard

Illustration: Shoshana Gordon/Axios

  1. Health: Coronavirus variant surveillance varies widely by state — Omicron cases confirmed in 5 U.S. states America probably won't lead the effort to understand Omicron.
  2. Vaccines: Omicron adds urgency to vaccinating world — Omicron fuels the case for COVID boosters — Moderna loses patent battles tied to COVID vaccine.
  3. Politics: Nevada to impose insurance surcharge on unvaccinated state workers — New Jersey GOP lawmakers defy statehouse COVID policy — Oklahoma sues Biden administration over Pentagon vaccine mandate — Omicron travel bans are sign of what's to come.
  4. World: WHO: Delta health measures help fight Omicron — COVID cases surge in South Africa in sign Omicron wave is coming — Germany approves new restrictions for unvaccinated people.
  5. Variant tracker: Where different strains are spreading.
6 hours ago - World

Putin to demand legal guarantee against NATO expansion in call with Biden

Biden and Putin meeting in Geneva in June. Photo: Mikhail Metzel\TASS via Getty Images

Russian President Vladimir Putin is demanding a legally binding guarantee that NATO will not expand east — including to Ukraine — and plans to raise the issue in an upcoming phone call with President Biden, according to the Kremlin.

Why it matters: Russia has massed more than 94,000 troops on the border with Ukraine and could be preparing for a large-scale invasion at the end of January, Ukraine's defense minister said Friday.