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INTERNET DATING & DATING INDUSTRY CONFERENCE SOCIAL NETWORKING LEGAL & BUSINESS INFORMATION State of Illinois Senate Bill SB2545 Internet Dating Safety Act of 2012 Provided to INTERNET DATING & DATING INDUSTRY CONFERENCE courtesy of the State of Illinois Senate |
Dating Industry & Internet Dating Conference is sponsoring the NCMEC (National Center for Missing & Exploited Children). Programs like the NCMEC helped find 15 year old Elizabeth Smart on March 12, 2003 after 9 months of being missing. Please report if you have seen any of the missing children in this banner to the NCMEC. |
DISCUSS THIS BILL WITH OTHERS IN THE INDUSTRY |
Introduced 12/13/2011, by Sen. Ira I. Silverstein
SYNOPSIS AS INTRODUCED:
LRB097 14729 AEK 59730 b A BILL FOR | |
SB2545 - Enrolled LRB097 14729 AEK 59730 b | |
1 | AN ACT concerning business. |
2 | Be it enacted by the People of the State of Illinois, |
3 | represented in the General Assembly: |
4 | Section 1. Short title. This Act may be cited as the |
5 | Internet Dating Safety Act. |
6 | Section 2. Findings, declarations. |
7 | The Legislature finds and declares that residents of this |
8 | State need to be informed of the potential risks of |
9 | participating in Internet dating services. There is a public |
10 | safety need to disclose whether criminal history background |
11 | screenings have been performed and to increase public awareness |
12 | of the possible risks associated with Internet dating |
13 | activities. The primary purpose of this Act is to enhance the |
14 | safety of individuals who use an Internet service to facilitate |
15 | dating. |
16 | The offer of Internet dating services to residents of this |
17 | State, and the acceptance of membership fees from residents of |
18 | this State means that an Internet dating service is conducting |
19 | business in this State and is subject to regulation by this |
20 | State and the jurisdiction of the State's courts. |
21 | Section 5. Definitions. As used in this Act: |
22 | "Criminal background screening" means a name search for a |
SB2545 Enrolled- 2 -LRB097 14729 AEK 59730 b | |
1 | person's criminal convictions initiated by an on-line dating |
2 | service provider and conducted by: |
3 | (1) searching available and regularly updated |
4 | government public record databases for criminal |
5 | convictions so long as such databases, in the aggregate, |
6 | provide substantial national coverage; or |
7 | (2) searching a database maintained by a private vendor |
8 | that is regularly updated and is maintained in the United |
9 | States with substantial national coverage of criminal |
10 | history records and sexual offender registries. |
11 | "Internet dating service" means a person or entity in the |
12 | business, for a fee, of providing dating, romantic |
13 | relationship, or matrimonial services principally on or |
14 | through the Internet. |
15 | "Member" means a customer, client, or participant who |
16 | submits to an Internet dating service information required to |
17 | access the service for the purpose of engaging in dating, |
18 | relationship, compatibility, matrimonial, or social referral. |
19 | "Illinois member" means a member who provides an Illinois |
20 | billing address or zip code when registering with the service. |
21 | "Criminal conviction" means a conviction for any crime |
22 | including but not limited to any sex offense that would qualify |
23 | the offender for registration pursuant to the Sex Offender |
24 | Registration Act or under another jurisdiction's equivalent |
25 | statute. |
SB2545 Enrolled- 3 -LRB097 14729 AEK 59730 b | |
1 | Section 10. Requirements for Internet dating services. |
2 | (a) An Internet dating service offering services to |
3 | Illinois members shall provide a safety awareness notification |
4 | to all Illinois members that includes, at a minimum, a list and |
5 | description of safety measures reasonably designed to increase |
6 | awareness of safer dating practices as determined by the |
7 | service. |
8 | Examples of such notifications include, but are not limited |
9 | to: |
10 | (1) "Anyone who is able to commit identity theft can |
11 | also falsify a dating profile." |
12 | (2) "There is no substitute for acting with caution |
13 | when communicating with any stranger who wants to meet |
14 | you." |
15 | (3) "Never include your last name, e-mail address, home |
16 | address, phone number, place of work, or any other |
17 | identifying information in your Internet profile or |
18 | initial e-mail messages. Stop communicating with anyone |
19 | who pressures you for personal or financial information or |
20 | attempts in any way to trick you into revealing it." |
21 | (4) "If you choose to have a face-to-face meeting with |
22 | another member, always tell someone in your family or a |
23 | friend where you are going and when you will return. Never |
24 | agree to be picked up at your home. Always provide your own |
25 | transportation to and from your date and meet in a public |
26 | place with many people around." |
SB2545 Enrolled- 4 -LRB097 14729 AEK 59730 b | |
1 | (b) If an Internet dating service does not conduct criminal |
2 | background screenings on its members, the service shall |
3 | disclose, clearly and conspicuously, to all Illinois members |
4 | that the Internet dating service does not conduct criminal |
5 | background screenings. The disclosure shall be provided in two |
6 | or more of the following forms: when an electronic mail message |
7 | is sent or received by an Illinois member, in a "click- |
8 | through" or other similar presentation requiring a member from |
9 | this State to acknowledge that they have received the |
10 | information required by this Act, on the profile describing a |
11 | member to an Illinois member, and on the website pages or |
12 | homepage of the Internet dating service used when an Illinois |
13 | member signs up. A disclosure under this subsection shall be in |
14 | bold, capital letters in at least 12-point type. |
15 | (c) If an Internet dating service conducts criminal |
16 | background screenings on all of its communicating members, then |
17 | the service shall disclose, clearly and conspicuously, to all |
18 | Illinois members that the Internet dating service conducts a |
19 | criminal background screening on each member prior to |
20 | permitting an Illinois member to communicate with another |
21 | member. The disclosure shall be provided on the website pages |
22 | used when an Illinois member signs up. A disclosure under this |
23 | subsection shall be in bold, capital letters in at least |
24 | 12-point type. |
25 | (d) If an Internet dating service conducts criminal |
26 | background screenings, then the service shall disclose whether |
SB2545 Enrolled- 5 -LRB097 14729 AEK 59730 b | |
1 | it has a policy allowing a member who has been identified as |
2 | having a criminal conviction to have access to its service to |
3 | communicate with any Illinois member; shall state that criminal |
4 | background screenings are not foolproof; that they may give |
5 | members a false sense of security; that they are not a perfect |
6 | safety solution; that criminals may circumvent even the most |
7 | sophisticated search technology; that not all criminal records |
8 | are public in all states and not all databases are up to date; |
9 | that only publicly available convictions are included in the |
10 | screening; and that screenings do not cover other types of |
11 | convictions or arrests or any convictions from foreign |
12 | countries. |
13 | Section 15. Unlawful practices for Internet dating |
14 | services. It is an unlawful practice under the Consumer Fraud |
15 | and Deceptive Business Practices Act for an Internet dating |
16 | service to fail to provide notice or falsely indicate that it |
17 | has performed criminal background screenings in accordance |
18 | with this Act. |
19 | Section 20. No violation to serve as intermediary. An |
20 | Internet service provider or website hosting service does not |
21 | violate this Act as a result of serving as an intermediary for |
22 | the transmission of electronic messages between members of an |
23 | Internet dating service. |
SB2545 Enrolled- 6 -LRB097 14729 AEK 59730 b | |
1 | Section 90. The Consumer Fraud and Deceptive Business |
2 | Practices Act is amended by adding Section 2MMM as follows: |
3 | (815 ILCS 505/2MMM new) |
4 | Sec. 2MMM. Internet dating safety. It is an unlawful |
5 | practice under this Act for an Internet dating service to fail |
6 | to provide notice or falsely indicate that it has performed |
7 | criminal background screenings in accordance with the Internet |
8 | Dating Safety Act. |
9 | Section 99. Effective date. This Act takes effect upon |
10 | becoming law. |
DISCUSS THIS BILL WITH OTHERS IN THE INDUSTRY |