I'm going to assume you want to know how this is a dark pattern per the definition I found and put in the other response I gave: "design practices that trick or manipulate users into making choices they would not otherwise have made and that may cause harm."

Per the EFF link, https://www.eff.org/deeplinks/2026/09/draftkings-using-ai-su... : "Once found, DraftKings sends these customers targeted advertising designed to lure them back to the site to place more bets—bets that DraftKings thinks will be losing ones."

A good analogy might be asking if a restaurant has any "specials."

I've read that some unscrupulous restaurants will make the "special" whatever is not so fresh and they want to get rid of. And for some restaurants, that might mean something that is really starting to go rotten. Something no amount of sauce or spices will redeem it. In fact, just about anything else on the menu would be better.

But a scrupulous restaurant will make the "special" something that is really, well, special. A new recipe they just perfected and the ingredients are actually especially fresh and in season. And its because of these scrupulous restaurants that people still ask what the specials are.

A promo at a gambling site might actually be presented because they want you, the user, to have a good time. It could be ambivalent to whether you are doing good or bad at betting. These are "specials" that are actually special.

And, in fact, I think most people would prefer it was ambivalent. You almost certainly wouldn't like to know the site is happy in the fact that you lost money on your bets and now hopes you lose even more. Can you imagine if DraftKings said "Congratulations! You seem exactly like the kind of sucker and compulsive gambler that makes us the most money! Since you are losing so much money, we are giving you a promo on this bet that we think you are especially likely to lose money on! The more you lose the more we win! Please lose more by clicking here!" Since there is no such language, this is the rotten fish "special."

Similarly, social media's algorithms /could/ give make most prominent the posts that make you happiest and most contented. This would be "specials" that are special.

But we know they don't. They make prominent that which will make you angry and isolated and sad. They know this, and they don't put "PROMOTED: We think you'll hate this, and we want you to see it, because we think the more miserable you are, the more you'll use us!" This is the rotten fish "special."

It's all Dark Patterns. No new laws needed. "Just" enforcement.