DATING INDUSTRY AND INTERNET DATING CONFERENCE - State of New York Senate Bill S5180-A: Internet Dating Safety Act

INTERNET DATING & DATING INDUSTRY CONFERENCE SOCIAL NETWORKING LEGAL & BUSINESS INFORMATION State of New York Senate Bill S5180-A Internet Dating Safety Act Provided to INTERNET DATING & DATING INDUSTRY CONFERENCE courtesy of the State of New York Senate	Dating Industry & Internet Dating Conference sponsors‡ the National Center for Missing & Exploited Children (NCMEC). The NCMEC looks for missing children.
DISCUSS THIS BILL WITH OTHERS IN THE INDUSTRY

	S T A T E O F N E W Y O R K ------------------------------------------------------------------------- 5180--A 2009-2010 Regular Sessions I N A S S E M B L Y 10-Feb-09 ----------------------------------- Introduced by M. of A. PHEFFER, CAMARA, N. RIVERA -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to enacting the "internet dating safety act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
1	Section 1. Short title. This act shall be known and may be cited as
2	the "internet dating safety act".
3	S 2. Legislative findings and declarations. The legislature finds and
4	declares that residents of this state need to be informed of the poten-
5	tial risks of participating in internet dating services. The legisla-
6	ture further finds and declares that the offer of internet dating
7	services to residents of this state, and the acceptance of membership
8	fees from residents of this state means that an internet dating service
9	is conducting business in this state and is subject to regulation by
10	this state and the jurisdiction of the state's courts.
11	S 3. The general business law is amended by adding a new section 394-
12	cc to read as follows:
13	S 394-CC. INTERNET DATING SAFETY. 1. AS USED IN THIS SECTION, THE
14	FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
15	(A) "INTERNET DATING SERVICE" MEANS A PERSON OR ENTITY DIRECTLY OR
16	INDIRECTLY IN THE BUSINESS, FOR PROFIT, OF OFFERING, PROMOTING OR
17	PROVIDING ACCESS TO DATING, RELATIONSHIP, COMPATIBILITY, MATRIMONIAL OR
18	SOCIAL REFERRAL SERVICES PRINCIPALLY ON OR THROUGH THE INTERNET.
19	(B) "INTERNET SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS OR ORGAN-
20	IZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDIVID-
21	UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
22	INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THIS STATE.
	EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
	LBD04280-03-9
	A. 5180--A 2
1	(C) "MEMBER" MEANS A CUSTOMER, CLIENT OR PARTICIPANT WHO SUBMITS TO AN
2	INTERNET DATING SERVICE INFORMATION REQUIRED TO ACCESS THE SERVICE FOR
3	THE PURPOSE OF ENGAGING IN DATING, RELATIONSHIP, COMPATIBILITY, MATRIMO-
4	NIAL OR SOCIAL REFERRAL.
5	(D) "NEW YORK MEMBER" MEANS A MEMBER WHO PROVIDES AN IN-STATE BILLING
6	ADDRESS OR ZIP CODE WHEN REGISTERING WITH THE SERVICE.
7	2. AN INTERNET DATING SERVICE OFFERING SERVICES TO NEW YORK MEMBERS
8	SHALL PROVIDE SAFETY AWARENESS NOTIFICATION THAT INCLUDES, AT MINIMUM, A
9	LIST AND DESCRIPTION OF SAFETY MEASURES REASONABLY DESIGNED TO INCREASE
10	AWARENESS OF SAFER DATING PRACTICES IN A CLEAR AND CONSPICUOUS MANNER.
11	SUCH NOTIFICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
12	STATEMENTS OR SUBSTANTIALLY SIMILAR STATEMENTS:
13	(A) "THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING
14	WITH ANY STRANGER WHO WANTS TO MEET YOU."
15	(B) "NEVER INCLUDE YOUR LAST NAME, E-MAIL ADDRESS, HOME ADDRESS, PHONE
16	NUMBER, PLACE OF WORK, OR ANY OTHER IDENTIFYING INFORMATION IN YOUR
17	INTERNET PROFILE OR INITIAL E-MAIL MESSAGES. STOP COMMUNICATING WITH
18	ANYONE WHO PRESSURES YOU FOR PERSONAL OR FINANCIAL INFORMATION OR
19	ATTEMPTS IN ANY WAY TO TRICK YOU INTO REVEALING IT."
20	(C) "IF YOU CHOOSE TO HAVE A FACE-TO-FACE MEETING WITH ANOTHER MEMBER,
21	ALWAYS TELL SOMEONE IN YOUR FAMILY OR A FRIEND WHERE YOU ARE GOING AND
22	WHEN YOU WILL RETURN. NEVER AGREE TO BE PICKED UP AT YOUR HOME. ALWAYS
23	PROVIDE YOUR OWN TRANSPORTATION TO AND FROM YOUR DATE AND MEET IN A
24	PUBLIC PLACE WITH MANY PEOPLE AROUND."
25	SUCH NOTIFICATION SHALL BE GIVEN AT THE TIME A NEW YORK MEMBER REGIS-
26	TERS WITH THE SERVICE AND BY WAY OF A LINK ON THE MAIN WEBSITE, OR THE
27	FIRST ENTRY POINT, OF THE SERVICE.
28	3. (A) THE ATTORNEY GENERAL MAY BRING AN ACTION AGAINST AN INTERNET
29	DATING SERVICE THAT VIOLATES THE PROVISIONS OF THIS SECTION:
30	(I) TO ENJOIN FURTHER VIOLATION OF THE PROVISIONS OF THIS SECTION; AND
31	(II) TO RECOVER UP TO TWO HUNDRED FIFTY DOLLARS FOR EACH NEW YORK
32	MEMBER REGISTERED WITH THE INTERNET DATING SERVICE DURING THE TIME PERI-
33	OD THAT THE INTERNET DATING SERVICE WAS IN VIOLATION OF THIS SECTION.
34	(B) IN AN ACTION UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
35	SUBDIVISION, A COURT MAY INCREASE THE DAMAGES UP TO THREE TIMES THE
36	DAMAGES ALLOWED BY SUCH PARAGRAPH WHERE THE DEFENDANT HAS BEEN FOUND TO
37	HAVE ENGAGED IN A PATTERN AND PRACTICE OF VIOLATING THE PROVISIONS OF
38	THIS SECTION.
39	(C) NO INTERNET DATING SERVICE SHALL BE DEEMED TO HAVE VIOLATED THE
40	PROVISIONS OF THIS SECTION IF SUCH INTERNET DATING SERVICE SHOWS, BY A
41	PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS NOT INTENTIONAL
42	AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE
43	OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
44	(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
45	WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR COMMON LAW.
46	4. AN INTERNET SERVICE PROVIDER DOES NOT VIOLATE THIS SECTION SOLELY
47	AS A RESULT OF SERVING AS AN INTERMEDIARY FOR THE TRANSMISSION OF ELEC-
48	TRONIC MESSAGES BETWEEN MEMBERS OF AN INTERNET DATING SERVICE.
49	S 4. This act shall take effect on the one hundred twentieth day after
50	it shall have become a law; provided, however, that effective immediate-
51	ly, the addition, amendment and/or repeal of any rule or regulation
52	necessary for the implementation of this act on its effective date is
53	authorized and directed to be made and completed on or before such
54	effective date.

DISCUSS THIS BILL WITH OTHERS IN THE INDUSTRY

‡ "Sponsor" as mentioned on this webpage is defined as either (A) financial donation to an organization, (B) the donation of space or advertising space on our website to promote an organization or (C) both.