It is difficult to navigate ethics and privacy online and it only gets worse when it comes to money. With so many of our identities already online, many are now realizing that their wallets are the privacy line that they don't want to cross.
During last fall's presidential race, some Americans unknowingly crossed that line while donating money through online fundraising services, and four attorneys general are currently trying to uncover more information. In late April, the attorneys general of New York, Minnesota, Maryland, and Connecticut sent letters to two online fundraising services asking for information about their use of pre-checked boxes that put donors on a recurring donation schedule. Two organizations received these letters: WinRed, which accepts donations for Republican candidates, and ActBlue, its Democratic equivalent.
A fundraiser turned into thousands of dollars
A New York Times investigation in April showed how WinRed had used pre-checked boxes on their online donation forms that automatically opted for monthly or even weekly donations after they voluntarily donated an initial amount, similar to a subscription service. In such situations, it is up to the user to deselect the service rather than actively choosing to participate. However, enough users missed the boxes for the program to be a fundraising success.
The New York Times article noted that “a clear pattern emerged. Donors usually said they wanted to donate once or twice and only later found out on their bank and credit card statements that they keep donating. "
Both ActBlue and WinRed used pre-checked boxes without explicitly informing their users during the 2020 election, but not to the same extent as illustrated by Comparison of the amount of the donation refund. WinRed, a charitable fundraising service, was retried flagged for fraud, and the Trump campaign ended up refunding $ 122 million, more than 10 percent of what it raised on WinRed in 2020. The Biden campaign, via ActBlue, a nonprofit, has refunded 2.2 percent of online donations.
During the election, others also groups used the precheck tool, including the Democratic Congress campaign committee. However, the DCCC stated that immediately after the donation is processed, the user will receive a notification notifying them of their decision.
Upon receiving the letter asking the Attorneys General for information, ActBlue said in May that it would phase out the use of this tool, and as of July 1st, ActBlue is now requiring any fundraiser that still uses pre-checked boxes to do so Users expressly make a donation on a recurring basis. WinRed, on the other hand, has pushed back. In fact, the company sued Minnesota for discontinuing the review, saying federal law should oversee its activities and state consumer protection laws shouldn't affect them. In a statement on its website, WinRed accused the attorneys general of "exploiting their positions of power for partisan advantages" and called the investigation itself "unlawful, partisan and hypocritical".
Notably, many Americans who use online platforms to donate are working-class men and women, retirees, and veterans who have been unable to donate recurring amounts of money financially. The New York Times investigation found that some donors who had subsequently fallen into the donation trap did not realize the extent of the damage until their rental payments were canceled or their credit cards were declined. And most of the people caught doing fraudulent donation tactics are older, a trend that is consistent across both parties. Data analyzed by the Times shows that the average age of donors who have received reimbursements is around. lies 65 for ActBlue and almost 66 from WinRed. Additionally, according to federal records, 56 percent of WinRed's online posts are from retired Americans, meaning older Americans donate more and get more money back due to dissatisfaction.
Since May, a law has been passed in the House and Senate banning the use of pre-checked boxes at the federal level. Sara Morrison of Vox writes, however, that as online skills increase, online privacy legislation will be difficult to articulate: "The line between willful deception and legal solicitation of a user to make a choice that will materially benefit a business , can be blurry. "
Making decisions online is not as easy as you think
Regardless of whether or not WinRed cooperates with the states' requests for information, the fact is they were able to take over $ 100 million from Americans across the country with just a few clicks. Not only does this indicate a misguided trust in digital spaces, but it also shows that websites are willing to take advantage of that trust – and many people are only just beginning to realize how much the digital spaces they visit can get through. A big part of that is the use of dark patterns.
Sara Morrison defines dark patterns as "design that manipulates or heavily influences users to make certain decisions," while Harry Brignull, who coined the term, wrote that a dark pattern is "a user interface that has been carefully designed to To get users to do things they may not do ". otherwise do it. "
The problem is we don't know when we are being tricked. If the confidence is broken, as in the case of the pre-ticked boxes, the resulting loss is monetary and there are ways to quantify it, e.g. B. by referring to a bank account. If the loss is personal information, it is harder to see and, in many cases, harder to understand why we should be doing this Maintenance.
As Morrison reports, one example is the careful choice of words: Like Instagram prefers “activity” and “personalized” instead of “tracking” or “targeted”. That obscures the real meaning of what a user is consenting to and leading to more people allowing the app permissions. Because users don't often Knowing what they're okay with, and the results of clicking an "Allow" button are usually not intrusive, it's easier than being bothered by follow-up requests all the time.
In addition to hiding information in the fine print like WinRed did with its pre-checked boxes, some websites use emotional manipulation to get the information they want. The sign-up button for receiving a fashion newsletter may say “I love to wear nice clothes”, while the unsubscribe button could say “I don't have any laundry” Machine."
WinRed used this tactic on its fundraising page in messages like, "If you DISABLE this box, we must tell Trump that you are a DEFECTOR and you are on the Dems side." a no to a newsletter or a no to your presidential candidate, the aim is to get dark patterns to get more people to say yes online.
As of now, the attorneys general are waiting for more information from WinRed and ActBlue on their transparency practices. WinRed has argued that state actors should not be involved in this issue, but the attorneys general take a different perspective, stating that the guidelines for online donations affect individuals at the state level and so the issue is their responsibility.
"Every Minnesotan is protected from fraud and fraud by law," John Stiles, assistant chief of staff for Minnesota Attorney General Keith Ellison, told CNN. "It is the attorney general's job to protect Minnesotans and enforce these laws no matter who breaks them."