I'm more conservative than libertarian, but I'd argue that since laws generally have unintended, often negative consequences, the bar has to be pretty high before establishing a new law.

I'd also argue that in America, there's far too many laws on the books already that criminalize trivial behavior conducted without criminal intent. That plus prosecutors more interested in winning than justice equals prison time for people who accidentally failed to follow an obscure regulation.

Many of those 'dark patterns' could easily be implemented inadvertently and without malice. If I flub my product design and accidentally make my email opt-out options confusing, I deserve a little negative feedback, not jail time.