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Re:Consumers Are Becoming Wise to Your Nudge by seieste on Wednesday June 26, 2019 @11:05AM (#20285693)
Yesterday I went to book a hotel and Priceline had a room for $129, which was $20 cheaper than Expedia or any other site.

Curious, I clicked on it and went to the Priceline site, and watched as a JavaScript animation “rolled” the price from $129 to $149 and alerted me that someone just got the last room. Obviously the whole thing was fake. (Why would they implement such an animation, and how likely is it that someone got the room in those two seconds?)

At this point, it’s not even nudging or dark patterns but just straight out fraud.

Re:Consumers Are Becoming Wise to Your Nudge by pjdemers on Wednesday June 26, 2019 @04:03PM (#20288586)
The fraud is the $129 room was gone hours, maybe days ago. It didn't just sell, the web site simply quoted a price they though was low enough to keep you from looking elsewhere, within reason. Once you looked serious about booking, they actually checked the hotel's inventory. You can really tell this happens when you try to book a room/flight/car that is sold out. They quote you a price, if you actually try to book, then, they tell you there is no space. Consolidator travel sites do not check the inventory of every room, flight, or car they quote you. They can't possibly do that. They are all estimates until they see your credit card number. One other thing about travel booking: I don't want the last or even second to last room at a hotel or seat on a plane. The chances of being bumped are too high. So telling me "only 1 seat left", isn't going to close the deal.
Re:Consumers Are Becoming Wise to Your Nudge by freeone3000 on Wednesday June 26, 2019 @04:29PM (#20288811)
Why can't they do that? Isn't the entire point of automated inventory management with resale contracts to grant Expedia the ability to do that?
Re:Consumers Are Becoming Wise to Your Nudge by perl4ever on Wednesday June 26, 2019 @08:05PM (#20290577)
https://en.wikipedia.org/wiki/Bait-and-switch

Incidentally, if HN allowed it, I would have linked the above text to:

https://en.wikipedia.org/wiki/Rickrolling

...in order to be a little meta.

Re:Consumers Are Becoming Wise to Your Nudge by simonebrunozzi on Thursday June 27, 2019 @01:47PM (#20296759)
Genius. Take my upvote.
Re:Consumers Are Becoming Wise to Your Nudge by longcommonname on Thursday June 27, 2019 @01:45AM (#20292019)
Expedia isn't checking availability, a middle man is, (one of the three GDS).

The middleman isn't checking availability every time because there's a cost to ask the carrier. And if you ask too much they will rate limit or deny you which means you get no availability.

The middleman is a price aggregation person, and tries to find rates and routes using all the rules the carriers specify.

Sure you can buy tickets directly from AA or UA. But what if you want to fly a connection that has both. Do you think AA wants to sell seats on someone's else plane?

Re:Consumers Are Becoming Wise to Your Nudge by flukus on Thursday June 27, 2019 @02:30AM (#20292191)
Last time I worked in this industry (over a decade ago) sites like expedia didn't work through a GDS but hotels would explicitly put available stock directly into them, if they had 10 rooms availble they might put 5 on expedia, 2 on another site and 1 each on 3 smaller sites. So expedia only has to check it's own data and the prices typically didn't fluctuate intra-day. I was working on software to automate most of this process.
Re:Consumers Are Becoming Wise to Your Nudge by cat199 on Wednesday June 26, 2019 @06:36PM (#20289974)
because if the room didn't ever exist at $129, this was false adversing.
Re:Consumers Are Becoming Wise to Your Nudge by Frost1x on Wednesday June 26, 2019 @09:36PM (#20291020)
The spirit of false advertising laws seem to have been sidestepped and thrown out long ago.
Re:Consumers Are Becoming Wise to Your Nudge by larrik on Wednesday June 26, 2019 @08:54PM (#20290830)
I think the parent post meant "why can't they check inventory in real time?"
Re:Consumers Are Becoming Wise to Your Nudge by ericpauley on Wednesday June 26, 2019 @04:53PM (#20289048)
Whether you got the last seat at a price point has nothing to do with odds of getting bumped. Also US airlines almost never forcibly bump passengers who meet check-in requirements, especially with the new max compensation limits.
Re:Consumers Are Becoming Wise to Your Nudge by mr_toad on Wednesday June 26, 2019 @11:27PM (#20291509)
> Consolidator travel sites do not check the inventory of every room, flight, or car they quote you. They can't possibly do that. They are all estimates until they see your credit card number.

Talk about fake it ‘til you make it.

Re:Consumers Are Becoming Wise to Your Nudge by mehrdadn on Wednesday June 26, 2019 @04:18PM (#20288711)
Hotels bump people just like flights? Hadn't realized that. Do they bump in LIFO order?
Re:Consumers Are Becoming Wise to Your Nudge by merlincorey on Wednesday June 26, 2019 @04:46PM (#20288978)
At least in America, if a hotel bumps you, they have to legally provide you a room in another hotel of equal or greater value.

Worked out for me once during a trip to NYC where my hotel was full, but they sent me to a nicer hotel right over Times Square.

Re:Consumers Are Becoming Wise to Your Nudge by twic on Wednesday June 26, 2019 @06:28PM (#20289915)
In a small town in Denmark, a hotel i was booked into was full, so they tried to send me to the other hotel in town, but that was full, so i slept on a sofa in a meeting room. The meeting room's floor was scattered with pieces of Lego, which made night-time trips to the bathroom somewhat terrifying. Not the most auspicious start to a business trip.
Re:Consumers Are Becoming Wise to Your Nudge by MRD85 on Wednesday June 26, 2019 @11:14PM (#20291448)
How was it full if you had booked? Do they sell more rooms than they have available?
Re:Consumers Are Becoming Wise to Your Nudge by hnick on Thursday June 27, 2019 @12:16AM (#20291717)
They may, but sometimes rooms also become damaged due to rock stars throwing wild parties, or more mundane things like when we noticed a concerning amount of water dripping through the ceiling in our bathroom in Denver. Once they came to check it we got a free upgrade to a larger room.

I don't think keeping unbooked rooms "just in case" is economical so if this sort of thing happens you may well need to be moved out to a nearby hotel at their expense.

Re:Consumers Are Becoming Wise to Your Nudge by pjdemers on Wednesday June 26, 2019 @04:42PM (#20288925)
I don't know how the choose, but they bump you to another hotel.
Re:Consumers Are Becoming Wise to Your Nudge by NeedMoreTea on Wednesday June 26, 2019 @11:53AM (#20286150)
At this point there's little to no difference between con, dark pattern and fraud. I'd like to see them prosecuted as such.
Re:Consumers Are Becoming Wise to Your Nudge by ryandrake on Wednesday June 26, 2019 @12:58PM (#20286832)
Remember, for every software-based dark pattern or fraud out there, there was a software developer who implemented it. Before we throw stones, we, as a profession should get better about self-policing and cleaning our ethical house.
Re:Consumers Are Becoming Wise to Your Nudge by learc83 on Wednesday June 26, 2019 @01:02PM (#20286866)
When a building without enough exits burns down and kills 100 people, blaming the construction workers who built it isn't going to help anything.

It's rare that it's developers who actually come up with these ideas, they're usually just employees implementing someone else's plan.

Unless we're talking early startups--then there's a good chance the developer is responsible.

Re:Consumers Are Becoming Wise to Your Nudge by xorcist on Wednesday June 26, 2019 @02:11PM (#20287583)
What a strange comparison. Would you consider it equally unjustified to hold construction engineers and architects responsible for constructing a death trap? Even if that is what the customer ordered?

It's probably not a coincidence that engineers and doctors are professionals well known to place their own ethical standards above their customers. It is expected that a doctor refuse to carry out a procedure that puts innocent people at harm.

Re:Consumers Are Becoming Wise to Your Nudge by powvans on Wednesday June 26, 2019 @02:40PM (#20287881)
A doctor can lose their license for malpractice. A lawyer can be disbarred. Architects and civil engineers will lose their license if they knowingly create an unsafe structure.

These professions have codified standards, licensing, and membership requirements for practitioners. There is a real incentive to conform and maintain your license because otherwise you cannot work. In these professions you know the standard of ethical behavior and you can reasonable expect your fellow professionals to also refuse questionable requests. An unethical client is going to have a hard time going down the street to find someone else who is willing to do what you won't.

I'm not trying to excuse the bad behavior of some software developers. My point is that the software industry and profession lacks much of what other professions have established in order to maintain high standards.

Re:Consumers Are Becoming Wise to Your Nudge by adamiscool8 on Wednesday June 26, 2019 @03:33PM (#20288337)
You're comparing situations where ethical violations put lives truly at risk with situations where someone is possibly induced into (but can fully opt-out of) a larger sales transaction?
Re:Consumers Are Becoming Wise to Your Nudge by arama471 on Wednesday June 26, 2019 @03:53PM (#20288490)
Yes, and it seems to be a fair comparison to me. Both the unsafe situations and fraudulent situations can be avoided by the adherence to standards, which the software industry currently does not have. The other industries mentioned do, and they seem to work quite well.
Re:Consumers Are Becoming Wise to Your Nudge by icxa on Wednesday June 26, 2019 @06:35PM (#20289965)
Of course it seems like a fair comparison to you, it's your comparison. To everyone else, putting it as nicely as possible, it's very off. Software that has the potential to cause serious, directly attributable material harm to lives is already heavily regulated: The FDA regulates medical device software, the FAA regulates flight software, the FTC regulates communications software, etc. For everything else, there is court. If you buy a laptop with a lithium ion battery that explodes and causes you burns, you will probably be rewarded handsomely in a suit. If you want to sit here and try to argue in front of a judge that dark UI patterns are causing you some sort of material harm, by all means go for it in court. My advice to you is you probably won't get very far / laughed at.
Re:Consumers Are Becoming Wise to Your Nudge by ForHackernews on Wednesday June 26, 2019 @07:30PM (#20290375)
Fine, substitute "accounting fraud" then. That's a more direct comparison: fraudulent accounting practices or fraudulent e-commerce practices. Nobody dies; somebody gets ripped off.

The point is that accountants are professionals and have professional standards that they adhere to. Software devs are not and do not.

Re:Consumers Are Becoming Wise to Your Nudge by Frost1x on Wednesday June 26, 2019 @09:59PM (#20291119)
"Nobody dies; somebody gets ripped off."

One often overlooked relationship I find to this sort of argument is that economic harm is somehow independent of physical harm.

While in the purest theoretical sense, its obviously clear/true, the more we abstract parts of life away to monetary valuation and control, the more economic effects have real serious indirect physical consequences.

So someone lost a few bucks due to a manipulative ad? Most the time this has no serious consequences as devious as it may be. However, when lost assets become more significant or lead to serious economic distress, it can and does directly result in health effects that have physical consequence.

Obvious extreme examples include cases of financial ruin that lead to mental health distress leading to suicides. Small repeated loss could also lead to unhealthy lifestyles over time coupled with poor financial choices resulting in limited to no access to preventative healthcare... directly leading to a cause of death (say heart disease from poor dieting).

Practices of advertising from the tobacco industry in the past provide a good model for how these can effect peoples choices which over time had serious physical consequences--the main difference being the tobacco industry actually provided a dangerous product that their behaviours pushed. Arguably consumers have to actively make a choice to follow through but with enough data, people are tending to be more and more easily manipulated.

Re:Consumers Are Becoming Wise to Your Nudge by username90 on Thursday June 27, 2019 @01:16AM (#20291925)
Software developers are not professional lawyers, businessmen or psychologists. It is therefore not their job to judge whether to implement functionality that sells things you don't have. The only way they could be held accountable in the ways tou want is if we force them to be expert in every field in existence so that whenever they implement software related to it they understand the implications fully.
Re:Consumers Are Becoming Wise to Your Nudge by arama471 on Wednesday June 26, 2019 @07:53PM (#20290520)
> it's your comparison

Nope

> To everyone else, putting it as nicely as possible, it's very off.

As one of the other people, I disagree.

Also note that a lot of the trade regulation groups like the bar associations also ensure a good standing in the "community", so they would sanction whatever equivalent lawyers have to dark patterns, if they were frequent enough/egregious enough.

Re:Consumers Are Becoming Wise to Your Nudge by scarejunba on Thursday June 27, 2019 @05:47AM (#20292984)
If I adhered to standards I would have forced password rotation (a shit policy) because the standards are behind me. They only recently changed. I was right all along. I literally protected people's data when the standards would have put them at risk. No, thank you.
Re:Consumers Are Becoming Wise to Your Nudge by ForHackernews on Wednesday June 26, 2019 @02:27PM (#20287764)
It's a perfectly apt comparison. Software "engineers" are not actually engineers. We are not professionals, we are wage labor.

* No professional code of ethics.

* No professional body that oversees the profession and sets standards.

* No licensing or certification (except maybe in Canada).

I'm sure I'll get a bunch of flack for this, but it's well past time developers stopped indulging in classist self-flattery pretending they're the peers of doctors, lawyers, or accountants.

Re:Consumers Are Becoming Wise to Your Nudge by alexanderdmitri on Wednesday June 26, 2019 @08:56PM (#20290840)
Lawyers are notorious for being mercenaries for hire. The most successful firms contract with corporations that take advantage of the law to their gain and society's detriment.

Medical doctors work for an industry that bankrupts sick people for being sick and and a huge number (if not a majority) of practicing doctors can be implicated in the opioid epidemic that has killed thousands and ruined countless lives.

Ethical contracts usually just lead to more politics imo. At the end of the day, we all bow to money in one way or another (some are just willing to bow lower than others).

Maybe we should stop pretending a profession can somehow make a person better than someone else in some sort of meta/ethical way.

Addendum: Personally I wish the law were more open to allowing people to defend themselves. A few years ago I went to court to defend myself in what I was sure was a simple misunderstanding in traffic court. Halfway through my second sentence (not in the legal sense), the judge interrupted me. Then the police officer tried to explain what he put in the ticket may not have been comprehensive. The judge cut him off too and decided it was in my best interest to "learn a lesson" and found me guilty of a violation I was not guilty of. The lesson I learned was if I had paid a lawyer $500 I would have gotten an honest hearing. I don't see the ethics or standards in that.

Re:Consumers Are Becoming Wise to Your Nudge by umanwizard on Wednesday June 26, 2019 @05:32PM (#20289429)
I don't follow your argument. Existence of the things you mention are not really the main distinguishing features of different socio-professional classes.

A programmer is still more like a lawyer in almost every conceivable way than they are like a bricklayer: level of education, social circles, work environment, pay, cultural values, etc.

(This has nothing to do with "self-flattery" unless you think I'm making some sort of value judgment about these different classes, as opposed to just describing them).

Re:Consumers Are Becoming Wise to Your Nudge by ForHackernews on Wednesday June 26, 2019 @06:56PM (#20290126)
Lawyers will not commit malpractice because they would open themselves up to liability and damage their professional reputations.

In contrast, most software devs will code up whatever evil garbage features their bosses tell them to. They don't even have a concept of malpractice. Very rarely, one might quit, but they have no standing to say "no" to their employers and remain employed.

Re:Consumers Are Becoming Wise to Your Nudge by scarejunba on Thursday June 27, 2019 @05:43AM (#20292969)
Michael Cohen had a law degree, dude. Christopher Duntsch had a medical degree. It's just people. They're not gods because they have some degree.

And that's only the named people. I don't know how many people you know in medicine or in law.

If you're unfamiliar with things being upcoded or out of network doctors substituting in late and then having patients incur massive fees, then maybe it's best to familiarize oneself.

And there are lawyers who specialize in getting the right rich guilty people out. The Razor didn't get the name by chance.

Re:Consumers Are Becoming Wise to Your Nudge by wanderer2323 on Wednesday June 26, 2019 @09:32PM (#20290997)
Why are you comparing coding up dark pattern feature to the malpractice? It's more comparable to, e.g. a patent troll's lawyer drafting a letter intended to bully a troll's victim into paying out of fear of litigation costs. Or reviewing a forcing arbitration agreement that a company intends to make all its employees to sign. Or other things that can be considered morally 'evil' but completely legal and wont get anyone sued for malpractice.
Re:Consumers Are Becoming Wise to Your Nudge by ForHackernews on Thursday June 27, 2019 @04:47AM (#20292738)
Was writing the Volkswagen's emissions cheating software malpractice?

https://www.nytimes.com/interactive/2015/business/internatio...

Re:Consumers Are Becoming Wise to Your Nudge by wanderer2323 on Friday June 28, 2019 @07:56PM (#20309838)
Was arguing the Government's position before SCOTUS in Korematsu legal malpractice?
Re:Consumers Are Becoming Wise to Your Nudge by fortran77 on Wednesday June 26, 2019 @05:37PM (#20289467)
Amen! And as someone who is an actual licensed P.E., it still makes me a little angry when I see computer programmers who call themselves "engineers." This is technically illegal under some circumstances in many states, but rarely enforced.
Re:Consumers Are Becoming Wise to Your Nudge by learc83 on Wednesday June 26, 2019 @08:26PM (#20290689)
I was curious about your background and you don't have a profile summary so I looked at your brief comment history

From a few days back:

>Back in Web 1.0 (1999 or so) I worked for what was then a large Social Network. There was no security. Any engineer could look at anything.

I'm assuming you weren't using the word engineer there to refer to Professional Engineers?

Re:Consumers Are Becoming Wise to Your Nudge by umanwizard on Wednesday June 26, 2019 @05:50PM (#20289588)
The original meaning of engineer was: "A constructor of military engines; a person who designs and constructs military works for attack and defence."

It is first found in English in 1380, when I doubt any professional certification bodies existed.

Eventually it evolved to mean what you got your license in, and then evolved further to include things like "software engineers".

Unless you build engines, the word engineer to describe what you do is etymologically inaccurate. So why is your particular stage on the path of organic evolution of this word more valid than anyone else's?

Re:Consumers Are Becoming Wise to Your Nudge by brewdad on Wednesday June 26, 2019 @06:52PM (#20290092)
Because PEs have a legal definition under the law.
Re:Consumers Are Becoming Wise to Your Nudge by learc83 on Wednesday June 26, 2019 @08:17PM (#20290640)
That's true, which is why you wouldn't put P.E. after your name or represent yourself as a Mechanical Engineer etc... No one who knows what a PE is going to be confused by someone calling themselves a software engineer, and audio engineer, or a sanitation engineer.

I understand the other argument that the job title "Engineer" is being diluted, but that ship sailed a long time ago. There are way more people with engineer in their title than there are PEs so I doubt any widespread legislative attempt to change this would be successful. And it's not just software engineers. Plenty of people working as engineers with ABET accredited engineering degrees haven't passed the PE exam either.

Re:Consumers Are Becoming Wise to Your Nudge by fortran77 on Wednesday June 26, 2019 @09:01PM (#20290872)
Because I have a state licence from a previous life as an EE.
Re:Consumers Are Becoming Wise to Your Nudge by umanwizard on Thursday June 27, 2019 @12:57PM (#20296250)
Did your state exist in 1380?
Re:Consumers Are Becoming Wise to Your Nudge by saxonww on Wednesday June 26, 2019 @08:42PM (#20290781)
It's not possible to actually become a licensed/professional software engineer as of April this year, at least in Florida. Florida requires that you pass the NCEES PE exam - not sure if there are other exam vendors used elsewhere in the US - and NCEES elected to stop offering the software engineer exam citing low demand:

https://ncees.org/ncees-discontinuing-pe-software-engineerin...

It was only ever administered 6 times.

I've spent all of 30 minutes studying this, so, hardly an expert. But it seems like the genesis and ongoing purpose of P.E. accreditation is to protect the health and safety of the public. There have certainly been some high profile examples of poor software engineering affecting health and safety - thinking about the Toyota acceleration issue and the VW emissions scandal - but I am wondering if people really think an accreditation body would prevent this sort of thing from happening. What would a Professional Software Engineer be, and why would they be inherently better or more qualified than what we have today?

Re:Consumers Are Becoming Wise to Your Nudge by ThrowawayR2 on Wednesday June 26, 2019 @10:27PM (#20291248)
> It's not possible to actually become a licensed/professional software engineer as of April this year, at least in Florida. Florida requires that you pass the NCEES PE exam - not sure if there are other exam vendors used elsewhere in the US - and NCEES elected to stop offering the software engineer exam citing low demand...

There's no demand because they made the process more or less impossible for developers to ever get to to the point where they take the PE exam.

First, the candidate has to pass one of the Fundamentals of Engineering exam to become an engineer-in-training. Except, whoops, there isn't a software specific FE; the most relevant one is the EE/Comp. E. exam. Take a look at the list of topics: https://ncees.org/wp-content/uploads/FE-Ele-CBT-specs.pdf Most developers aren't going to pass that even with a CS degree.

Secondly, you need 4-8 years of supervision by a licensed engineer. Again, whoops, there are barely any software developers with a PE license, so who would they get to supervise them?

Frankly, the situation was so absurd that one has to suspect that NCEES didn't want to certify software developers as PEs.

Re:Consumers Are Becoming Wise to Your Nudge by kevin_thibedeau on Wednesday June 26, 2019 @11:32PM (#20291532)
You can't really use engineering methodologies to guarantee public safety from software. Engineering wants to model behavior and add margin on the worst case scenario to make failure unlikely.

Provably correct software development is too slow and specialized to be economically feasible. Even formal correctness is not enough, you also need to defend against unpredictable hardware faults. No traditional engineering discipline needs to do this.

Re:Consumers Are Becoming Wise to Your Nudge by IIAOPSW on Wednesday June 26, 2019 @07:45PM (#20290474)
I disagree. An engineer is someone who applies a science to build a solution (aka a product). Mechanical/Electrical/Nuclear engineering is applied physics. Petrol/Chemical engineering is applied chemistry. Pharmaceuticals are applied biology. And finally, Software engineering is applied Computer Science.
Re:Consumers Are Becoming Wise to Your Nudge by ska on Wednesday June 26, 2019 @05:35PM (#20289450)
The situation in Canada is that you cannot legally call yourself an "Engineer" unless you have a P.Eng license. While you do not need an engineering degree to undertake this, if you don't have one you will have to ask the licensing body to adjudicate on "equivalent experience" - not sure what happens if they don't agree but I expect you'd have to take some courses. The licensing itself requires at least a professional practice exam (and possibly technical ones) and work experience overseen by a P.Eng. Software developers can take this certification but it is not particularly useful to their career except in narrow circumstances.
Re:Consumers Are Becoming Wise to Your Nudge by mindfulgeek on Wednesday June 26, 2019 @05:36PM (#20289458)
I think this is a great point and perhaps if developers thoughts of it that way more they would take more initiative to create those things. If we don’t, they will and by they I mean people who will have limited understanding of the impact of those codes.
Re:Consumers Are Becoming Wise to Your Nudge by walshemj on Wednesday June 26, 2019 @06:10PM (#20289762)
Pretty much every countries engineering certifying body does have a track for it professionals.

I do have to ask why all the self hate here why would a rational person what to degrade there profession do you want to be working in a blue collar job with worse working conditions?

Re:Consumers Are Becoming Wise to Your Nudge by ForHackernews on Thursday June 27, 2019 @04:30AM (#20292656)
For myself, I want software devs to recognize that they have more in common with blue collar workers than they do with their capitalist employers and act in solidarity. If it were up to me, there'd be a software guild akin to the Hollywood screenwriters guild, and it would set ethical standards and advocate for better pay and working conditions for people writing software.
Re:Consumers Are Becoming Wise to Your Nudge by walshemj on Thursday June 27, 2019 @04:33PM (#20298414)
I think that developers would have more in common with other professions than blue collar workers.

Whilst both types how workers have problems at work - they express themselves quite differently.

Re:Consumers Are Becoming Wise to Your Nudge by learc83 on Wednesday June 26, 2019 @03:13PM (#20288181)
In the case of most front end dark patterns, management or a designer is the equivalent of the architect and there is no Engineering involved to implement the design--just skilled labor.

In the case of something more complex, developers don't have the leverage of established regulatory bodies and guilds.

Re:Consumers Are Becoming Wise to Your Nudge by smt88 on Wednesday June 26, 2019 @03:06PM (#20288114)
Developers don't always come up with dark patterns or fraud, but they implement them. It's possible to say no on ethical grounds, isn't it?

I was once asked to finish and deploy code that the previous dev had stolen from his old employer. I said no because the code was paid for by someone else and belonged to them. It wasn't a big deal -- my career didn't suffer.

Re:Consumers Are Becoming Wise to Your Nudge by mathieuh on Wednesday June 26, 2019 @01:10PM (#20286951)
I would find somewhere else to work if I had ethical concerns over what they were asking me to do. For example, the UK’s department of work and pensions was a contract the company I work for had at the time when there was a huge furore over IDS (a politician)’s policies.

If i had been assigned to work on that project I would have resigned.

Re:Consumers Are Becoming Wise to Your Nudge by chucksmash on Wednesday June 26, 2019 @01:54PM (#20287400)
It's hard to distinguish between something being explicitly shady and just a bad system though.

"As a user, if I arrive on a booking page and the live API data shows our cached pricing data is stale, I expect the difference to be acknowledged."

Developer implements animation callout and an approximate, non-technical explanation

Cached pricing data continues to often be stale

Re:Consumers Are Becoming Wise to Your Nudge by prepend on Wednesday June 26, 2019 @09:20PM (#20290952)
I call those asshole user stories unless there is a logged story “as a user, I expect inventory prices to be accurate in real time.”

I don’t like user stories that are anti-customer and in the developer’s favor unless it’s clear that there’s a path to fairness.

The motivation to a system should be to have as current as possible pricing, not some nightly batch that shows cheaper, unavailable prices and pisses off people when the real price is actually checked.

Re:Consumers Are Becoming Wise to Your Nudge by wserjifowe on Wednesday June 26, 2019 @01:16PM (#20287003)
I think it's not going to be so obvious. If you write a feature that is intended to deceive then sure, but the developer who wrote that feature was probably told "ok, if the inventory is below a certain threshold, then add this behavior". The feature itself is benign. Should a developer resign anytime they can concoct a theoretical way in which a feature they're writing could possibly be exploited?
Re:Consumers Are Becoming Wise to Your Nudge by uoaei on Wednesday June 26, 2019 @04:49PM (#20289010)
"I was just following orders" is an excuse that fell very out of favor last century.
Re:Consumers Are Becoming Wise to Your Nudge by groby_b on Wednesday June 26, 2019 @05:58PM (#20289675)
Don't worry, it's coming back in fashion. Ask ICE.
Re:Consumers Are Becoming Wise to Your Nudge by learc83 on Wednesday June 26, 2019 @08:35PM (#20290739)
So do you think that the correct way to make sure buildings have enough exits is to shame construction workers into not working on buildings that they think have too few exits? Keeping in mind that an individual worker may only have knowledge of a small section of the overall building.

To your point specifically how many low level German laborers were prosecuted for following orders to build a prison camp or lay railroad track?

Re:Consumers Are Becoming Wise to Your Nudge by pwodhouse on Wednesday June 26, 2019 @01:48PM (#20287332)
I assume that you refuse to be paid more than a construction workers then?

Part of the legal definition of a salaried professional is that the job entails the use of judgment.

Re:Consumers Are Becoming Wise to Your Nudge by ionised on Thursday June 27, 2019 @05:37AM (#20292942)
Every job requires judgement of some kind.
Re:Consumers Are Becoming Wise to Your Nudge by NeedMoreTea on Wednesday June 26, 2019 @01:27PM (#20287108)
Sure, but it usually comes from management on high, just as adding two dozen different tracking and adtech schemes to a single page does.

I've walked away from job offers where I found at interview I really didn't like the smell from how they were making money. I also recognise a 25 year old me might not have had the financial luxury to do so, or to just say no to a boss asking.

Were software a regulated profession like medicine or legal with an ethics body I'd be inclined to agree. Maybe it's time it was, but I suspect stronger consumer protection and treating dark patterns and policies as fraud would be a vastly cheaper route for all concerned.

Re:Consumers Are Becoming Wise to Your Nudge by ghaff on Wednesday June 26, 2019 @01:59PM (#20287457)
Both the IEEE and ACM have codes of ethics. You don't need to have effectively a guild regulating entrance into a profession--which, if you take the requirements for a PE in other branches of engineering as a guide would probably exclude anyone without the appropriate degrees and other requirements--to have ethical standards.
Re:Consumers Are Becoming Wise to Your Nudge by jimktrains2 on Wednesday June 26, 2019 @02:26PM (#20287752)
> if you take the requirements for a PE in other branches of engineering as a guide would probably exclude anyone without the appropriate degrees and other requirements--to have ethical standards.

How would one know one is meeting ethical obligations if they havn't been educated. Password storage, for instance, it's not obvious to many people why plain-text password storage is bad -- it _still_ happens at companies to this very day.

I'm all for people being able to code and do their own work, just like you should be able to build your own shed or house as long as it meets building codes. Maybe we need the equivalent of building codes (except not proprietary). The GDPR and the California Consumer Privacy Act are sort-of the start of that, I think.

Re:Consumers Are Becoming Wise to Your Nudge by ghaff on Wednesday June 26, 2019 @03:56PM (#20288511)
>How would one know one is meeting ethical obligations if they havn't been educated.

I probably wasn't clear. Ethics courses should probably be more common (and embedded in engineering curricula more) although they are certainly available.

My comment about the PE is that it typically requires, for example, a four-year bachelors degree in engineering in addition to other requirements. [1] Thus, moving to a more formal professional structure in this manner would basically exclude career shifters, boot camp grads, self-taught programmers, etc.

[1] https://www.nspe.org/resources/licensure/what-pe

Re:Consumers Are Becoming Wise to Your Nudge by jimktrains2 on Wednesday June 26, 2019 @04:02PM (#20288571)
> I probably wasn't clear. ... My comment about the PE is that it typically requires, for example, a four-year bachelors degree in engineering in addition to other requirements.

I may not have been clear; how do you know you've built a building that fulfills your ethical obligations if you don't know how to determine so? i.e. you're ethically obligated as an engineer to not build something you know (have determined to the best of your knowledge) is unsafe to use, but how do you do that if you don't know how to? (Especially when there are _many_ people who could.)

Basically I'm saying that you can't have (professionally required) ethical obligations without also having the knowledge and ability to fulfill said obligations.

For issues that aren't a matter of life-or-death, like the vast majority of software, yeah, strict licensure is probably overkill and against the spirit hacking.

However, that people aren't licensed EEs doesn't prevent them from tinkering with arduinos or SDRs; they simply can't sell their skills specifically as an electrical engineer.

I think there is some sensible ground between where we are now and not being able to program without a license (which would be a dystopian nightmare). As I mentioned, clear "building codes", better and more comprehensive best practices (e.g. OWASP), and having said things built into contracts or projects designs from the start, not as afterthoughts (i.e. having business take said best practices seriously).

Re:Consumers Are Becoming Wise to Your Nudge by ghaff on Wednesday June 26, 2019 @04:14PM (#20288675)
In the building case, you probably won't be the only set of eyes on it.

But to the greater point, I guess the ethical principle is don't do things that can put people at risk if you know you don't know what you're doing--much less put people at risk because you just don't care or want to take shortcuts.

If you think you know what you're doing but don't? I'm not sure how an ethics course or even a license is going to help there. Because you think you're doing things safely. Arguably, you're not even being unethical, just incompetent.

Now, a license is supposed to be something of a guarantee of a minimum level of competency. But it's pretty minimal. After all, it basically just means you do have an appropriate degree, have worked in the field under someone for a few years, and have passed some standardized test. All that suggests you know (or once knew) something about the basics, but not a lot more.

ADDED:

>However, that people aren't licensed EEs doesn't prevent them from tinkering with arduinos or SDRs; they simply can't sell their skills specifically as an electrical engineer.

In at least most states in the US, sure they can. (And in the ones that theoretically prohibit you from calling yourself an engineer if unlicensed, that's almost universally ignored.) I've known tons of people who have worked or work as electrical engineers and I'm sure few of them have PEs. You don't need a PE for most jobs. Though it's probably more common with civil engineering.

Re:Consumers Are Becoming Wise to Your Nudge by pessimizer on Wednesday June 26, 2019 @06:49PM (#20290067)
I think part of professionalization would include your professional organization having come up with a set of standards for password handling that must be followed under penalty of professional sanction, having those available online and in printed form, and having courses that programmers could take to help them work under those guidelines efficiently.

Programming seems like a job particularly suited for professionalization, simply because programmers have to constantly be learning new things, and that's a thing your local org could provide to keep the lights on rather than relying completely on dues payments. If they were a blanket organization, they could even control supply through raising standards, and could certainly detect wage-fixing collusion easier than individuals.

Having clear guidelines and a place to find instruction that supports those guidelines makes "If you think you know what you're doing but don't?" a pure ethical problem. You either checked or you didn't.

Maybe look to the National Association of Realtors for a framework.

Re:Consumers Are Becoming Wise to Your Nudge by ryandrake on Wednesday June 26, 2019 @01:50PM (#20287349)
I’ve quit jobs partially over ethical issues with the software I was being asked to write. Once at around 25 years old and once at around 35. Since we have no powerful guild or professional organization with teeth, responsibility for our conduct is our own. Judging by the down-votes, though, heaven forbid you suggest on HN that a developer should take ethical responsibility for their own actions!
Re:Consumers Are Becoming Wise to Your Nudge by navigatesol on Wednesday June 26, 2019 @02:43PM (#20287911)
>there was a software developer who implemented it. Before we throw stones, we, as a profession should get better about self-policing and cleaning our ethical house.

This would require self-reflection by a community who constantly denigrates Facebook and the like for their issues, but happily punch the clock and collect RSUs from the same companies. It's easier to simply blame your superiors.

Re:Consumers Are Becoming Wise to Your Nudge by cronix on Wednesday June 26, 2019 @02:59PM (#20288049)
> Remember, for every software-based dark pattern or fraud out there, there was a software developer who implemented it

I think you ended that sentence prematurely.... "..after their boss, marketing team, etc., told them to." I don't think I've ever met a dev who implements these things because they think it's a good idea.

Re:Consumers Are Becoming Wise to Your Nudge by icebraining on Wednesday June 26, 2019 @01:49PM (#20287347)
Or we could stop seeing things as us Vs them. Having the same job title doesn't make me an accomplice of those developers.
Re:Consumers Are Becoming Wise to Your Nudge by wserjifowe on Wednesday June 26, 2019 @01:07PM (#20286919)
I think things get murky with complex relationships that exist in industry. For example, I think it would be hard to argue that a company like Expedia or Priceline created a feature so their customers (hotels) could exploit it.

Also, what leverage do you think a developer has in these sorts of situations? Should the developer say they're not willing to write the feature because it's possible customers could exploit it?

Re:Consumers Are Becoming Wise to Your Nudge by pnw_hazor on Thursday June 27, 2019 @11:08AM (#20295076)
Funny how you get down voted for pointing the reality of the situation. Dark patterns would go away tomorrow if software developers really cared about it.
Re:Consumers Are Becoming Wise to Your Nudge by paulryanrogers on Wednesday June 26, 2019 @01:01PM (#20286864)
How? With a union or guild?
Re:Consumers Are Becoming Wise to Your Nudge by noelsusman on Wednesday June 26, 2019 @01:23PM (#20287063)
I've only ever seen this accomplished with professional organizations and licensing. Medicine is the easiest example. Clinicians can push back on unethical requests by arguing that complying with a request would result in them losing their license. That gives the employee a lot more leverage.
Re:Consumers Are Becoming Wise to Your Nudge by jbay808 on Wednesday June 26, 2019 @02:30PM (#20287791)
Engineers too, in Canada.
Re:Consumers Are Becoming Wise to Your Nudge by ghaff on Wednesday June 26, 2019 @04:23PM (#20288758)
There are professional engineers (PE) in the US as well. But the software engineering one has been discontinued because basically no one got it. You can get PEs in other fields of engineering. How common it is probably depends on the field and on the type of job. (Basically, you get a PE so that you can sign off on designs where regulators or other government agencies are involved--or want an official credential for e.g. being an expert witness/consultant.)
Re:Consumers Are Becoming Wise to Your Nudge by scarejunba on Wednesday June 26, 2019 @02:45PM (#20287924)
This is absurd on the face of it. Should mustache wearers self-police themselves after Hitler and Stalin wore mustaches? No, I share nothing with the guy who wrote the emissions cheating and I share nothing with the guy who wrote these dark patterns in. We both use the same wrench and we both call ourselves the same title, but he’s the bad guy.

Or perhaps it’s clearer if we talk about Jewish people not self-policing Jewish bankers committing fraud, or Catholics with their child abuse, or perhaps Muslims with their bombing? Surely I’ve definitely opposed scamming just as much those people have.

Re:Consumers Are Becoming Wise to Your Nudge by el_benhameen on Wednesday June 26, 2019 @01:09PM (#20286942)
Had the same thing happen with Priceline just a few weeks ago, except instead of $20, the price was double the advertised price and only changed when I entered my payment info and tried to pay. I finally called and booked over the phone after having three different rooms double in price when I hit the confirmation button. The person on the other end must have really wanted to make the sale at that price, because they booked me for a month later than my request as the advertised price for my days seems to have just straight up not existed.

It was a pretty hellish experience trying to get them to change the dates, but in the end, they knew that I had a confirmation with my dates and I had paid, so it really would be fraud to not give me the room. Priceline: only once.

Re:Consumers Are Becoming Wise to Your Nudge by kleer001 on Wednesday June 26, 2019 @01:44PM (#20287279)
Which is why I never use Priceline and always book directly with the hotel.
Re:Consumers Are Becoming Wise to Your Nudge by Fjolsvith on Wednesday June 26, 2019 @02:19PM (#20287671)
I stick with Wyndham properties. I'd rather pay them a little extra to take care of me than try to get the best price for the worst service.
Re:Consumers Are Becoming Wise to Your Nudge by yegle on Wednesday June 26, 2019 @12:09PM (#20286306)
This reminds me the progress bar in TurboTax to check whether you have every number correct. Any modern computer should not take more than 1 second to do the verification and the animation is pure fake.
Re:Consumers Are Becoming Wise to Your Nudge by ntpeters on Wednesday June 26, 2019 @12:25PM (#20286458)
Not defending them here, but at a previous job I noticed them doing the same and asked why. Turned out when they updated the site to make the UI/UX faster they got calls to customer service from people saying that didn’t think it worked because “it went too fast”.
Re:Consumers Are Becoming Wise to Your Nudge by ativzzz on Wednesday June 26, 2019 @12:45PM (#20286697)
Sounds like the Houston airport where people complained about waiting too long at customs during international travel, and the successful response was to simply elongate the walk to customs.

Nothing changed, except the customer perspective.

Re:Consumers Are Becoming Wise to Your Nudge by eridius on Wednesday June 26, 2019 @04:00PM (#20288553)
I've also read that this is the reason baggage claim is so far away from arrivals. It means passengers spend less time standing around the baggage claim area waiting for their bags. The overall wait time is the same, but it's the dead time spent waiting that people hate.
Re:Consumers Are Becoming Wise to Your Nudge by votepaunchy on Wednesday June 26, 2019 @05:53PM (#20289632)
I’ve found baggage claim to be nearest the exit, presumably so that one need not lug their bag the half-mile from the plane. And baggage claim needs to be outside security so it all works nicely.
Re:Consumers Are Becoming Wise to Your Nudge by eridius on Wednesday June 26, 2019 @06:50PM (#20290076)
Baggage claim being far away from arrivals, and baggage claim being near the exit, are orthogonal requirements. Baggage claim could be close to both the exit and arrivals simply by having arrivals be near the exit. But airports are intentionally designed such that you have to walk pretty much the entire length of the terminal to go from arrivals to baggage claim.
Re:Consumers Are Becoming Wise to Your Nudge by synlatexc on Wednesday June 26, 2019 @03:36PM (#20288354)
Recall hearing a similar story about Kayak years ago. They found users were less likely to trust the search results if the page loaded too quickly. IIRC they found that 7 seconds suggested the right amount of "effort."
Re:Consumers Are Becoming Wise to Your Nudge by HelloNurse on Thursday June 27, 2019 @05:57AM (#20293027)
Sad, but relatively honest and harmless compared to room bait and switch.
Re:Consumers Are Becoming Wise to Your Nudge by gubbrora on Wednesday June 26, 2019 @12:54PM (#20286786)
This is how you get stuck in a local optimum.

Communicate that everything worked in a better way.

Re:Consumers Are Becoming Wise to Your Nudge by bradstewart on Wednesday June 26, 2019 @02:55PM (#20288012)
I read this somewhere as well in regards to airline flight searches (can't find the source unfortunately). The article claimed they introduce an artificial delay, so people think the website "worked hard enough" to find them the best price.

It makes trip planning (especially internationally) extremely frustrating.

Re:Consumers Are Becoming Wise to Your Nudge by astrange on Wednesday June 26, 2019 @12:26PM (#20286470)
If you import 2000 stock/crypto transactions into TurboTax, you can see when it really is recalculating, because the app freezes anytime you go to the next page.
Re:Consumers Are Becoming Wise to Your Nudge by mbesto on Wednesday June 26, 2019 @01:15PM (#20286993)
Ya, this isn't a dark pattern. IIRC - They did this because they got customer service complaints from customers saying they didn't believe the results because they were used to older systems "sitting there and churning though numbers".
Re:Consumers Are Becoming Wise to Your Nudge by mrob on Wednesday June 26, 2019 @01:28PM (#20287122)
It's a dark pattern, because it's deliberately wasting everybody's time to cater to people who refuse to learn. It should instead say "verification complete in n milliseconds" (or n microseconds if the milliseconds number looks too small). There could even be a "details" link with a log of all the verification steps.
Re:Consumers Are Becoming Wise to Your Nudge by sbov on Wednesday June 26, 2019 @02:04PM (#20287509)
That's not really what dark pattern means. They're about tricking people into doing something they otherwise wouldn't.
Re:Consumers Are Becoming Wise to Your Nudge by mrob on Wednesday June 26, 2019 @02:56PM (#20288028)
It's tricking people into waiting for nothing.
Re:Consumers Are Becoming Wise to Your Nudge by parliament32 on Wednesday June 26, 2019 @04:13PM (#20288663)
This is getting pedantic but: it's not tricking people into anything. People don't have a choice. In a real dark pattern, you're trying to convince users to do something -- here, the users were going to (get their numbers verified, do the web search, whatever) anyway, it's just the illusion of doing more work.

It's shitty but it's not evil.

Re:Consumers Are Becoming Wise to Your Nudge by cataphract on Wednesday June 26, 2019 @12:21PM (#20286414)
Reminds me of a website that used a random number generator for the "<n> persons are looking at this right now". The random number would be stored in Redis for some time so it wouldn't go randomly up and down upon refresh, at which point it would be obviously fake.
Re:Consumers Are Becoming Wise to Your Nudge by HelloNurse on Thursday June 27, 2019 @06:01AM (#20293045)
Candy Crush Soda Saga does it with microtransactions. The game is a puzzle in which you need to do something in a limited number of moves and on defeat screens there are notices along the lines of "420455 people bought extra moves to beat this level".
Re:Consumers Are Becoming Wise to Your Nudge by julianlam on Wednesday June 26, 2019 @01:12PM (#20286970)
Seems like a waste of redis' capabilities, when localStorage is much easier to implement for something like this.
Re:Consumers Are Becoming Wise to Your Nudge by desas on Wednesday June 26, 2019 @02:17PM (#20287642)
As a user I can see what you've put in my local storage and create a pr problem.
Re:Consumers Are Becoming Wise to Your Nudge by eridius on Wednesday June 26, 2019 @04:03PM (#20288584)
Also if it's in localStorage then opening the same site on two devices would show very different numbers and quite obviously be fake.
Re:Consumers Are Becoming Wise to Your Nudge by boardwaalk on Wednesday June 26, 2019 @01:43PM (#20287267)
This isn't limited to travel-oriented sites either. I went to Lens.com the other day to price-shop some contacts, and my price at checkout (right where you're putting in your payment info) was something like $15 more than in my cart! Even accounting for taxes. It was still an okay price relatively speaking, but I immediately left, because there's no way I'm rewarding that behavior.

Of course, I then got the "you left something in your cart" email.

Re:Consumers Are Becoming Wise to Your Nudge by pravda on Wednesday June 26, 2019 @06:57PM (#20290131)
They are kind of 'forced' to do this to compete on the contact-lens-price aggregator sites.

Kind of like how hotels have had to add 'resort fees' to obscure the real price of a hotel room.

If you want to avoid this nonsense, try Daysoft in the UK. Great prices, no prescription needed, and fast shipping to the US.

Re:Consumers Are Becoming Wise to Your Nudge by sonnyblarney on Wednesday June 26, 2019 @05:09PM (#20289221)
" was something like $15 more than in my cart!"

This is infuriating.

I think I would call them and wait on hold just to give tell them how I'll never shop there again.

It should definitely be illegal.

Re:Consumers Are Becoming Wise to Your Nudge by wDcBKgt66V8WDs on Wednesday June 26, 2019 @05:34PM (#20289443)
B&H did this to me for a monitor. Said there was a sale, I put it in my cart, got to the checkout page still on sale, was putting in my info and going to the final confirmation page and it was suddenly $50 more?...
Re:Consumers Are Becoming Wise to Your Nudge by londons_explore on Wednesday June 26, 2019 @11:19AM (#20285841)
The tech behind these sites is tricky - to make it work at all, they do a lot of caching. The "roll" in price is probably the change between the last time someone searched for that room type at that hotel and now (when availability gets rechecked). My guess is it could also roll downwards.
Re:Consumers Are Becoming Wise to Your Nudge by FussyZeus on Wednesday June 26, 2019 @11:44AM (#20286071)
Yeah right. Big business has done an excellent job of systematically destroying trust in the customer at every step of every process.

I just assume any time I'm dealing with a corporation, I'm getting fucked over. That's why I feel no remorse for fucking them over any chance I get.

Re:Consumers Are Becoming Wise to Your Nudge by jt2190 on Wednesday June 26, 2019 @12:16PM (#20286364)
> Big business has done an excellent job of systematically destroying trust in the customer at every step of every process.

This is a really interesting point. Even though we should test our assumptions about the reasons for the price increase here against Hanlon's razor [1], it's very easy to _feel_ that we're being taken advantage of, and emotions matter a lot in purchasing decisions.

A savvy competitor might be able to take advantage of this kind of pricing clumsiness. (For example, I recently bought a new car from a "no haggle" dealer for pretty similar reasons... Working with traditional dealers in the U.S. is a very painful experience for many.)

[1] https://en.wikipedia.org/wiki/Hanlon%27s_razor

Re:Consumers Are Becoming Wise to Your Nudge by FussyZeus on Wednesday June 26, 2019 @12:32PM (#20286548)
The thing is Hanlon's razor can't really be applied to a corporation. A corporation is inherently an immoral actor; it doesn't act maliciously, or at least it shouldn't. It acts rationally. The key note being that it's rationale therefore need not be ethical or moral at all.

I don't think corporations are stupid at all, they're the collected intelligence of thousands of people being used with the moral and ethical consequences abstracted away to where they can act in horrifying ways and not feel any remorse. This is why probably the hundred or so people involved in denying a cancer patient's claim for insurance payment don't feel bad; none of them made the decision, it's just a process.

So, with that in mind, I don't think Hanlon applies here, if you want a razor, use Occam's. And the theory here that requires the least assumptions is that corporations would sell their own mother if it made them one red cent, so when I hear "priceline changed it from $129 to $149" my prevailing assumption is the low price was to get you in the door, and they've found that a price increase of $20 at the point of sale isn't enough to deter customers. They're probably A/B testing a number of increases to see just how much they can squeeze from people.

Re:Consumers Are Becoming Wise to Your Nudge by grumdan on Wednesday June 26, 2019 @01:41PM (#20287255)
This reminds me a lot of Charles Stross' talk at 34C3, where he described corporations and competition between them as "human-powered AIs" that maximize profit as their only goal, similar to how a neural network only blindly minimizes a loss function.

https://www.youtube.com/watch?v=RmIgJ64z6Y4

Re:Consumers Are Becoming Wise to Your Nudge by perl4ever on Wednesday June 26, 2019 @08:15PM (#20290629)
Maximizing profit is not a simple, one-dimensional, short-sighted thing necessarily. It can involve building a brand, which means getting people to trust the organization as if it were a moral person. And once the brand is built, new management can come in and exploit it, breaking down that trust.

So I think that it's obvious that the sort of behavior people are wont to declare is the norm these days has a large cyclical element, and perhaps a secular one as well, but it's not as simple as a universal race to the bottom or we never would have developed the society we have in the first place.

Re:Consumers Are Becoming Wise to Your Nudge by FussyZeus on Thursday June 27, 2019 @12:02PM (#20295641)
Your last statement hangs development of society on the growth and ubiquity of corporations, which frankly is absurd to an offensive degree.

There is a long and disgraceful history of corporations opposing damn near everything and anything that would even remotely upset the status quo that they're used to. Everything from women's rights to equal wages among races to ending child labor to the right to unionize, all the way to health and safety laws, the 40 hour work week, and even basic labor rights like whistle-blowing all receive the same frantic and "THIS IS THE END TIMES IF THIS HAPPENS!" treatment from the corporations and their lobbies.

And it's been wrong every. Single. Time. Somehow, some way, the businesses adapted to giving their workers basic human decency, fair wages, etc. and it was never once at the behest of benevolent corporate overlords but in fact was always at the direct demand of regulatory oversight.

If anything, society has developed by fighting, tooth and nail, at every turn, the wailing and howling corporate opposition to anything even remotely not immediately profitable.

Re:Consumers Are Becoming Wise to Your Nudge by perl4ever on Thursday June 27, 2019 @09:58PM (#20300844)
I disagree with your first sentence. But apart from that, the term "corporation" does not necessarily only mean large for profit joint stock corporations in the US, of the sort that are typically demonized. For instance, worker cooperatives or credit unions can be types of corporation. Or, "the oldest corporation in the Western Hemisphere is the Harvard Corporation, known formally as the President and Fellows of Harvard College"

So, I think you have a rather facile understanding of what you are talking about.

Re:Consumers Are Becoming Wise to Your Nudge by FussyZeus on Friday June 28, 2019 @08:19AM (#20303490)
> the term "corporation" does not necessarily only mean large for profit joint stock corporations in the US

I like how you couldn't even attempt to define what I was talking about so you could condescend to me about not understanding it without basically restating the exact way I was using the word. Well done.

When people think "corporation" they think exactly that, large for profit stock corporations. Yes, credit unions are technically corporations. Hell, even LLC is a kind of corporation. You're arguing dictionary versus contextual usage, for reasons I can't quite put together.

And "typically demonized?" How much of modern colonialism and the exploitation of the developing world can be laid directly, unambiguously, at the feet of corporations?

Re:Consumers Are Becoming Wise to Your Nudge by perl4ever on Friday June 28, 2019 @05:42PM (#20309000)
If something is a fundamental part of society, then it's necessarily linked to essentially everything bad in society.

And if something is linked to power and wealth, it's linked to everything bad that people can do with power and wealth, which is everything.

You casually use the term "developing world", but I think that term implies those countries have the goal of becoming more like the US and Europe, and that that's a good thing. Do they need more wealthy and powerful corporations of their own, or is there another path?

Re:Consumers Are Becoming Wise to Your Nudge by pwodhouse on Wednesday June 26, 2019 @01:54PM (#20287399)
A corporate is literally, legally, a "person", but not a "natural person". AI "unnatural person". And since it's "incorporated", it has a body too :-)

Since a person has a body and an intelligence it's also a non-natural aka "artificial" intelligence.

Re:Consumers Are Becoming Wise to Your Nudge by noonespecial on Wednesday June 26, 2019 @01:29PM (#20287133)
A corporation is an amazing system that allows small amounts of evil to effectively sum up to large ones.
Re:Consumers Are Becoming Wise to Your Nudge by Rooster61 on Wednesday June 26, 2019 @01:03PM (#20286871)
Funny, I made this very same statement in a recent, unrelated post. In fact, I think corporations, at least in some cases, rely on the expectation that they won't fuck the customer over and are given the benefit of the doubt. That's especially prevalent with older generations that seem to trust what people say a bit more, at least from my observation.
Re:Consumers Are Becoming Wise to Your Nudge by sonnyblarney on Wednesday June 26, 2019 @05:12PM (#20289247)
"A corporation is inherently an immoral actor"

This is not true.

And FYI big corporations are also stupid in many ways.

I'd argue they've operationalized some core things, everything else is wishy washy at best.

Re:Consumers Are Becoming Wise to Your Nudge by pessimizer on Wednesday June 26, 2019 @06:54PM (#20290108)
"Amoral" is more accurate.
Re:Consumers Are Becoming Wise to Your Nudge by whyaduck on Wednesday June 26, 2019 @12:47PM (#20286713)
I understand what you're saying, but in specific instances, this isn't about a "feeling". I won't generalize to all travel booking sites, but I will say that my former favorite booking site, Hotels.com, has clearly made a decision to embrace mendacity wherever they think it will benefit them.

The most glaring example is their complicity in hiding "resort fees" for some properties by moving notice from the room selection page (which is misleading to start with) to the summary page under an opaque "mandatory fees" line item.

Regarding car dealers, consider "doc fees" and "destination charges". It's not about feeling we're being taken advantage of - it's about an obvious attempt to mislead.

Re:Consumers Are Becoming Wise to Your Nudge by fludlight on Wednesday June 26, 2019 @08:01PM (#20290561)
"No haggle" dealers exists? Where!?
Re:Consumers Are Becoming Wise to Your Nudge by hirundo on Wednesday June 26, 2019 @12:33PM (#20286567)
> I just assume any time I'm dealing with a corporation, I'm getting fucked over. That's why I feel no remorse for fucking them over any chance I get.

I don't think that's different from saying "most Elbonians are crooks, therefore I feel no remorse for fucking over Elbonians". Collective punishment isn't a good thing.

Re:Consumers Are Becoming Wise to Your Nudge by chillwaves on Wednesday June 26, 2019 @12:40PM (#20286653)
Corporations get to define themselves. They can also dissolve and reform. Can an "Elbonian" do the same?

"Collective punishment" applied to a corporation is called a boycott and I see zero problem with consumers expressing their preference in this way. Zero.

Re:Consumers Are Becoming Wise to Your Nudge by JadeNB on Wednesday June 26, 2019 @04:20PM (#20288728)
> "Collective punishment" applied to a corporation is called a boycott

I think that's not the usual meaning of 'collective punishment'. I believe that term is usually applied when many people are subjected to punishment in retaliation for the deeds of one person (or of only a few), not when one person (or corporation) is subjected to punishment by many people.

Re:Consumers Are Becoming Wise to Your Nudge by FussyZeus on Wednesday June 26, 2019 @03:12PM (#20288170)
Corporations are not entities born out of their control. They are constructed, deliberately, to maximize profit at a cost that does not exceed that profit. That's all. They are not people and they do not have any sort of rights, or at least they shouldn't.
Re:Consumers Are Becoming Wise to Your Nudge by minikites on Wednesday June 26, 2019 @12:37PM (#20286626)
There's a difference between individuals and profit maximizing organizations.
Re:Consumers Are Becoming Wise to Your Nudge by mikeash on Wednesday June 26, 2019 @12:33PM (#20286561)
That might explain the change in price, although I’m rather skeptical. It doesn’t explain the “someone just bought the last” lie.
Re:Consumers Are Becoming Wise to Your Nudge by HelloNurse on Thursday June 27, 2019 @06:08AM (#20293072)
On a technical level, this kind of cache update is necessary, but on the user experience level there is a clear difference between "let's see if you fail to read carefully and confirm the sale at an increased price" and explicitly apologizing for failing to respect the old price and stopping the checkout to ask for extra confirmation.
Re:Consumers Are Becoming Wise to Your Nudge by m463 on Wednesday June 26, 2019 @05:27PM (#20289384)
I stopped using them completely after the second time buying plane tickets only to find they were unavailable in the middle of the checkout process.

I now go directly to the airline website.

Re:Consumers Are Becoming Wise to Your Nudge by longcommonname on Thursday June 27, 2019 @01:49AM (#20292031)
Yeah, this is a thing. So many reasons but essentially the initial request returns a fare that is invalid when you try to book.

But there's also issues where the carriers play games by reserving flights for specific customers. By customer I mean the travel agent or website.

Re:Consumers Are Becoming Wise to Your Nudge by jbverschoor on Wednesday June 26, 2019 @12:41PM (#20286655)
Booking.com has been fined for this.
Re:Consumers Are Becoming Wise to Your Nudge by decebalus1 on Wednesday June 26, 2019 @11:50AM (#20286118)
Seriously, who are the people writing these features? As 'software is eating the world' I think we'll need an ethics board/bar association or something soon.
Re:Consumers Are Becoming Wise to Your Nudge by tomxor on Wednesday June 26, 2019 @01:49PM (#20287335)
> As 'software is eating the world' I think we'll need an ethics board/bar association or something soon.

This seems so unnatural to me, programming is not as close to something like law as people make out. If a company decides to implement fraudulent process, it is the responsibility of the company. Whether that is via software or calling people over the phone or speaking to people in person.

If you want to argue that every person involved in implementing "something" should answer to an ethics board, then your argument goes way way beyond programming. Law is a special case, and they use "legal ethics" which do not attempt to encapsulate some universal ethical code for reality, they are to prevent abuse of the imperfect system that is "the law", the closest thing to that in programming is linting or compiler warnings.

Re:Consumers Are Becoming Wise to Your Nudge by eswat on Wednesday June 26, 2019 @01:27PM (#20287112)
Mentioned in a few related threads about Facebook and e-commerce dark patterns: we don't put our peers to task enough and make them aware about the potential harm they do.

Another comment here also mentioned that consequential actions are abstracted in large companies; group diffusion of responsibility gently removes most bad decisions that would normally make a person think remorsefully about what they’ve done.

Having an ethics board would be a top-down solution. The bottom-up, which I’m more fond of, is releasing literature and material to anyone working in tech about how their work could actually affect their end users; we need to help each other develop more self-awareness of the results of our work instead of the breadth of material about the work itself.

Re:Consumers Are Becoming Wise to Your Nudge by kevin_b_er on Wednesday June 26, 2019 @03:05PM (#20288110)
I strongly feel these are not "peer" decisions but managerial dictates on what to do. A board could still help to give the engineer a reason to be able to say no other than "no, please fire me"
Re:Consumers Are Becoming Wise to Your Nudge by tomp on Wednesday June 26, 2019 @05:19PM (#20289317)
Ethics are complicated.

Some people think that Google is evil. Others think that Facebook is evil. Yet thousands of programmers and non-programmers work there, many from HN.

Some think all ads are evil. Others think ads are good because they pay for freely accessible content online.

It's complicated.

Re:Consumers Are Becoming Wise to Your Nudge by decebalus1 on Wednesday June 26, 2019 @05:43PM (#20289517)
Umbrella statements are complicated (Google is evil, Facebook is evil, etc..).

Individual actions, not so much. Using a user's 2FA phone number as a way to send menial account notifications or as a means for your profile to be found is evil. Scraping all data on public wireless networks when you're photographing the streets is evil. Sending unsolicited messages to all your contacts without telling you is evil. Making it as hard as technically possible to cancel a membership is evil. Tricking users into upgrading their license using blatantly false information (see Turbotax) is evil. That's not at all complicated.

Re:Consumers Are Becoming Wise to Your Nudge by ionised on Thursday June 27, 2019 @05:45AM (#20292976)
'Evil' tends to pay very well.
Re:Consumers Are Becoming Wise to Your Nudge by soverance on Wednesday June 26, 2019 @12:11PM (#20286323)
For real. I am always amazed to hear about such fraud, because it means somewhere, a programmer with zero ethics decided he didn't care what he was doing as long as the paycheck cleared.

Gross.

Re:Consumers Are Becoming Wise to Your Nudge by Fjolsvith on Wednesday June 26, 2019 @02:23PM (#20287716)
As if ethics was a prerequisite for being able to sling code.
Re:Consumers Are Becoming Wise to Your Nudge by anfilt on Wednesday June 26, 2019 @09:01PM (#20290873)
Also I would not be surprised to find a lot this stuff was out sourced. Someone in other cointry might be more desperate for money. So lying to the final end user might be pretty low on their I won’t do this.

You can also have people who are “I dont want to lose my job by making a big a stink.”

I am not sure people would risk their fincial stability over lying unless said lying would also affect them in other ways

Re:Consumers Are Becoming Wise to Your Nudge by bhouston on Wednesday June 26, 2019 @02:51PM (#20287976)
This happened to me where the price of a hotel when up $30 during checkout and then a second $30. It was on another property of IAC.
Re:Consumers Are Becoming Wise to Your Nudge by onlyrealcuzzo on Wednesday June 26, 2019 @12:35PM (#20286598)
It isn't really fraud unless we start regulating and prosecuting it. And we don't, right?

This has been going on forever, though. So I doubt we'll do anything about it. And should we?

I mean, how is it really different than saying something is 50% off and leaving the price the same, but just jacking up the list price 100%?

Re:Consumers Are Becoming Wise to Your Nudge by umanwizard on Wednesday June 26, 2019 @12:53PM (#20286773)
That should be illegal also, and is in some countries.

In France, for example: “Le vendeur doit clairement signaler les rabais proposés par rapport à un prix de référence réel. Il est ainsi interdit d'augmenter le prix d'un produit avant la période des soldes, dans le but de faire croire à une offre promotionnelle plus importante qu'elle ne l'est réellement.”[0]

My translation: “The vendor must clearly indicate the discounts offered relative to a real reference price. It is thus forbidden to increase the price of a product before the sales period, with the goal of making people believe that a promotional offer is more significant than it actually is.”

This sort of practice shouldn’t be considered normal. It’s one of the many ways in which low-level corruption is widely legal and accepted in the US.

[0]: French government website explaining sales regulations. https://www.service-public.fr/professionnels-entreprises/vos...

Re:Consumers Are Becoming Wise to Your Nudge by JasonFruit on Wednesday June 26, 2019 @10:30PM (#20291262)
> It isn't really fraud unless we start regulating and prosecuting it. And we don't, right?

I can't let this stand. Actions were right or wrong before the first regulation was written and before the first judge banged his gavel under an acacia tree. Wrong actions continue to be wrong no matter what laws and judges say.

Lying to make a sale is fraud, whether it's regulated and prosecuted or not.

Re:Consumers Are Becoming Wise to Your Nudge by Super_Jambo on Wednesday June 26, 2019 @12:48PM (#20286725)
All of the above should be prosecuted. If you want markets to be anywhere near efficient you're gonna have to force the capitalists into it. If we don't we'll eventually be back to kings.
Re:Consumers Are Becoming Wise to Your Nudge by simonebrunozzi on Thursday June 27, 2019 @01:46PM (#20296756)
I think we need to coin a new term: black patterns. Or mafia patterns. Or evil patterns. "Dark" is simply not enough.
Re:Consumers Are Becoming Wise to Your Nudge by Lucadg on Thursday June 27, 2019 @08:28AM (#20293790)
it's happening to me too a lot lately on Booking.com. The feeling I am left with is "next time I need to book fast without too much searching and checking other sites". I guess this the exact mindset they want their users to have.
Re:Consumers Are Becoming Wise to Your Nudge by WrtCdEvrydy on Wednesday June 26, 2019 @11:12AM (#20285775)
> a JavaScript animation “rolled” the price

disable javascript.

Re:Consumers Are Becoming Wise to Your Nudge by cpach on Wednesday June 26, 2019 @12:17PM (#20286378)
What are the odds that a booking site like that works at all with JS disabled?
Re:Consumers Are Becoming Wise to Your Nudge by lucisferre on Wednesday June 26, 2019 @12:23PM (#20286432)
I was on a site recently where viewing the images on the site did not work with an ad blocker on.
Re:Consumers Are Becoming Wise to Your Nudge by autoexec on Thursday June 27, 2019 @04:07PM (#20298134)
Sites that refuse to display an image without javascript are a pet peeve of mine. Naturally most popular image hosts are guilty of this. Even imgur which was created because other image hosts were so obnoxious and has since become more and more like the services it replaced.
Re:Consumers Are Becoming Wise to Your Nudge by Analemma_ on Wednesday June 26, 2019 @11:39AM (#20286030)
That would be an interesting court case: if you browse with Javascript off, and only see the fake price, could you bring a case of false advertising if (as I'm assuming is the case) they never intended to sell at that price?
Re:Consumers Are Becoming Wise to Your Nudge by cameronbrown on Wednesday June 26, 2019 @11:56AM (#20286194)
In all likelihood you'd just see nothing.
Re:Consumers Are Becoming Wise to Your Nudge by blhack on Wednesday June 26, 2019 @12:26PM (#20286465)
The judge would probably look at it as hacking.
Re:Consumers Are Becoming Wise to Your Nudge by nofunsir on Wednesday June 26, 2019 @12:59PM (#20286838)
A "glitch"
Re:Consumers Are Becoming Wise to Your Nudge by tim333 on Wednesday June 26, 2019 @02:41PM (#20287895)
Legally it's more false advertising than fraud.