The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   556

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  enacting  the
  "internet dating safety act" and requiring internet dating services to
  provide  notice  whether  the  service  conducts  criminal  background
  screenings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "internet dating safety act".
  S 2. Legislative findings and declarations. The legislature finds  and
declares:
  a.  residents of this state need to be informed of the potential risks
of participating in internet dating services. There is a  public  safety
need  to  disclose  whether  criminal history background screenings have
been performed and to increase public awareness of  the  possible  risks
associated with internet dating activities; and
  b.  the  offer of internet dating services to residents of this state,
and the acceptance of membership fees from residents of this state means
that an internet dating service is conducting business in this state and
is subject to regulation by this  state  and  the  jurisdiction  of  the
state's courts.
  S  3. The general business law is amended by adding a new section 394-
cc to read as follows:
  S 394-CC. INTERNET DATING SAFETY. 1. AS  USED  IN  THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CRIMINAL BACKGROUND SCREENING" MEANS A NAME SEARCH FOR A PERSON'S
CRIMINAL CONVICTIONS INITIATED BY AN ON-LINE DATING SERVICE PROVIDER AND
CONDUCTED BY ONE OF THE FOLLOWING MEANS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04280-01-9

S. 556                              2

  (I)  BY  SEARCHING  AVAILABLE  AND REGULARLY UPDATED GOVERNMENT PUBLIC
RECORD DATABASES FOR CRIMINAL CONVICTIONS SO LONG AS SUCH DATABASES,  IN
THE AGGREGATE, PROVIDE SUBSTANTIAL NATIONAL COVERAGE; OR
  (II)  BY  SEARCHING  A DATABASE MAINTAINED BY A PRIVATE VENDOR THAT IS
REGULARLY UPDATED AND IS MAINTAINED IN THE UNITED STATES  WITH  SUBSTAN-
TIAL  NATIONAL  COVERAGE OF CRIMINAL HISTORY RECORDS AND SEXUAL OFFENDER
REGISTRIES.
  (B) "INTERNET DATING SERVICE" MEANS A PERSON  OR  ENTITY  DIRECTLY  OR
INDIRECTLY  IN  THE  BUSINESS,  FOR  PROFIT,  OF  OFFERING, PROMOTING OR
PROVIDING ACCESS TO DATING, RELATIONSHIP, COMPATIBILITY, MATRIMONIAL  OR
SOCIAL REFERRAL SERVICES PRINCIPALLY ON OR THROUGH THE INTERNET.
  (C)  "INTERNET  SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS OR ORGAN-
IZATION QUALIFIED TO DO BUSINESS IN THIS STATE  THAT  PROVIDES  INDIVID-
UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THIS STATE.
  (D) "MEMBER" MEANS A CUSTOMER, CLIENT OR PARTICIPANT WHO SUBMITS TO AN
INTERNET  DATING  SERVICE INFORMATION REQUIRED TO ACCESS THE SERVICE FOR
THE PURPOSE OF ENGAGING IN DATING, RELATIONSHIP, COMPATIBILITY, MATRIMO-
NIAL OR SOCIAL REFERRAL.
  (E) "NEW YORK MEMBER" MEANS A MEMBER WHO PROVIDES AN IN STATE  BILLING
ADDRESS OR ZIP CODE WHEN REGISTERING WITH THE SERVICE.
  (F)  "CRIMINAL CONVICTION" MEANS A CONVICTION FOR ANY CRIME INCLUDING,
BUT NOT LIMITED TO, ANY SEX OFFENSE THAT WOULD QUALIFY THE OFFENDER  FOR
REGISTRATION  PURSUANT  TO  ARTICLE SIX-C OF THE CORRECTION LAW OR UNDER
ANOTHER JURISDICTION'S EQUIVALENT STATUTE.
  2. AN INTERNET DATING SERVICE OFFERING SERVICES TO  NEW  YORK  MEMBERS
SHALL:
  (A) PROVIDE SAFETY AWARENESS NOTIFICATION THAT INCLUDES, AT MINIMUM, A
LIST  AND DESCRIPTION OF SAFETY MEASURES REASONABLY DESIGNED TO INCREASE
AWARENESS OF SAFER DATING PRACTICES AS DETERMINED BY THE SERVICE.  EXAM-
PLES OF SUCH NOTIFICATIONS INCLUDE:
  (I)  "ANYONE  WHO  IS ABLE TO COMMIT IDENTITY THEFT CAN ALSO FALSIFY A
DATING PROFILE."
  (II) "THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN  COMMUNICAT-
ING WITH ANY STRANGER WHO WANTS TO MEET YOU."
  (III)  "NEVER  INCLUDE  YOUR  LAST NAME, E-MAIL ADDRESS, HOME ADDRESS,
PHONE NUMBER, PLACE OF WORK, OR ANY  OTHER  IDENTIFYING  INFORMATION  IN
YOUR  INTERNET  PROFILE  OR  INITIAL E-MAIL MESSAGES. STOP COMMUNICATING
WITH ANYONE WHO PRESSURES YOU FOR PERSONAL OR FINANCIAL  INFORMATION  OR
ATTEMPTS IN ANY WAY TO TRICK YOU INTO REVEALING IT."
  (IV)  "IF  YOU  CHOOSE  TO  HAVE  A  FACE-TO-FACE MEETING WITH ANOTHER
MEMBER, ALWAYS TELL SOMEONE IN YOUR FAMILY OR A  FRIEND  WHERE  YOU  ARE
GOING  AND  WHEN  YOU WILL RETURN.   NEVER AGREE TO BE PICKED UP AT YOUR
HOME. ALWAYS PROVIDE YOUR OWN TRANSPORTATION TO AND FROM YOUR  DATE  AND
MEET IN A PUBLIC PLACE WITH MANY PEOPLE AROUND."
  (B) IF AN INTERNET DATING SERVICE DOES NOT CONDUCT CRIMINAL BACKGROUND
SCREENINGS  ON  ITS  MEMBERS,  THE  SERVICE  SHALL DISCLOSE, CLEARLY AND
CONSPICUOUSLY, TO ALL NEW YORK MEMBERS THAT THE INTERNET DATING  SERVICE
DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS. THE DISCLOSURE SHALL BE
PROVIDED  WHEN  AN  ELECTRONIC MAIL MESSAGE IS SENT OR RECEIVED BY A NEW
YORK MEMBER, ON THE PROFILE DESCRIBING A MEMBER TO A  NEW  YORK  MEMBER,
AND  ON THE WEBSITE PAGES OF THE INTERNET DATING SERVICE USED WHEN A NEW
YORK MEMBER SIGNS UP. A DISCLOSURE UNDER  THIS  PARAGRAPH  SHALL  BE  IN
BOLD, CAPITAL LETTERS IN AT LEAST TWELVE-POINT TYPE.
  (C) IF AN INTERNET DATING SERVICE CONDUCTS CRIMINAL BACKGROUND SCREEN-
INGS  ON  ALL  OF  ITS  COMMUNICATING  MEMBERS,  THEN  THE SERVICE SHALL

S. 556                              3

DISCLOSE, CLEARLY AND CONSPICUOUSLY, TO ALL NEW YORK  MEMBERS  THAT  THE
INTERNET DATING SERVICE CONDUCTS A CRIMINAL BACKGROUND SCREENING ON EACH
MEMBER PRIOR TO PERMITTING A NEW YORK MEMBER TO COMMUNICATE WITH ANOTHER
MEMBER.  THE DISCLOSURE SHALL BE PROVIDED ON THE WEBSITE PAGES USED WHEN
A NEW YORK MEMBER SIGNS UP. A DISCLOSURE UNDER THIS PARAGRAPH  SHALL  BE
IN BOLD, CAPITAL LETTERS IN AT LEAST TWELVE-POINT TYPE.
  (D) IF AN INTERNET DATING SERVICE CONDUCTS CRIMINAL BACKGROUND SCREEN-
INGS, THEN THE SERVICE SHALL DISCLOSE WHETHER IT HAS A POLICY ALLOWING A
MEMBER  WHO  HAS BEEN IDENTIFIED AS HAVING A CRIMINAL CONVICTION TO HAVE
ACCESS TO ITS SERVICE TO COMMUNICATE WITH ANY  NEW  YORK  MEMBER;  SHALL
STATE  THAT  CRIMINAL BACKGROUND SCREENINGS ARE NOT FOOLPROOF; THAT THEY
MAY GIVE MEMBERS A FALSE SENSE OF SECURITY; THAT THEY ARE NOT A  PERFECT
SAFETY  SOLUTION;  THAT CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTI-
CATED SEARCH TECHNOLOGY; THAT NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL
STATES AND NOT ALL DATABASES ARE UP TO DATE; THAT ONLY  PUBLICLY  AVAIL-
ABLE  CONVICTIONS  ARE INCLUDED IN THE SCREENING; AND THAT SCREENINGS DO
NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS  FROM
FOREIGN COUNTRIES.
  3.  (A)  IT  SHALL  BE AN UNLAWFUL PRACTICE AND A VIOLATION OF ARTICLE
TWENTY-TWO-A OF THIS CHAPTER FOR AN INTERNET DATING SERVICE TO  FAIL  TO
PROVIDE  NOTICE OR FALSELY INDICATE THAT IT HAS PERFORMED CRIMINAL BACK-
GROUND SCREENINGS IN ACCORDANCE WITH THIS SECTION.  IN EVERY CASE  WHERE
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
IT MAY IMPOSE A CIVIL PENALTY OF UP TO ONE THOUSAND FIVE HUNDRED DOLLARS
FOR EACH VIOLATION.
  (B)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR COMMON LAW.
  4. AN INTERNET SERVICE PROVIDER DOES NOT VIOLATE THIS  SECTION  SOLELY
AS  A RESULT OF SERVING AS AN INTERMEDIARY FOR THE TRANSMISSION OF ELEC-
TRONIC MESSAGES BETWEEN MEMBERS OF AN INTERNET DATING SERVICE.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.