But most of the manipulation we’ve identified and worry about is not expressly illegal. And because regulators are often unable to keep pace with the ever-evolving use of technology and choice architecture, that’s likely to remain so.
Given the absence of well-defined and enforceable legal guardrails, platform companies’ propensity to exploit behavioral science at users’ expense will remain largely unchecked.
One solution, in our view, is establishing an ethical code for platform companies to follow. And if they don’t adopt it willingly, investors, employees and users could demand it.
Since the mid-20th century, written codes of ethical conduct have been a staple of U.S. companies. The legal and medical professions have relied on them for millennia. And research suggests they are effective at encouraging ethical behavior at companies.