> If the unsubscribe button is hidden behind 3 screens and is in 3 point font that's pretty clearly a dark pattern.

According to who? US law is established as heading into this absurd notion of subjectivity, so the interpreter and viewer of the law as written is now as important as the law being written in the first place.

Gerrymandering black voters out of being able to elect a black representative? Well as long as the people doing it don't admit being racist, it's all fine! Want to take bribes from foreign governments? Well, if you're the head of the executive branch of government or a close personal friend, you can interpret that better than the bestest out there so those anti-corruption laws clearly don't apply, right?

"That's not a dark pattern, your honour!", Shady McShadeface attests in court, "we're just trying to make offers we think the customer is interested in before they confirm their final and terrible decision with awful consequences for them!". How else would the poor uninformed consumer not be aware of that special deep discount (today only, 4 hours left!), on that pillow set that they absolutely must need to consider on their way out of the door?

Infinite scroll is deemed by many a dark pattern, and by others a particularly clean way of dealing with a UX challenge. Subjective, eye of the beholder, and all that.

It reminds me a little of the "I know pornography when I see it" argument, and I think it's fair to call it a dark pattern given the evidence against it, but like pornography, consenting adults should be able to consent to exposure to it for their own "convenience", perhaps. I just personally think the button to turn it on should be hidden behind 3 screens and in a 3 point font...