Assembly Bill A9109

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9109
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to internet dating
   service verification standards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 394-cccc to read as follows:
   § 394-CCCC. INTERNET DATING SERVICE VERIFICATION STANDARDS. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "IDENTITY  VERIFICATION" SHALL MEAN THE USE OF AN ON-DEMAND SELF-
 PHOTOGRAPH TO VERIFY THE OWNERSHIP OF A PERSON'S GOVERNMENT-ISSUED IDEN-
 TIFICATION;
   (B) "INTERNET DATING SERVICE" SHALL MEAN A PERSON OR  ENTITY  DIRECTLY
 OR  INDIRECTLY  IN  THE BUSINESS, FOR PROFIT, OF OFFERING, PROMOTING, OR
 PROVIDING ACCESS TO DATING, RELATIONSHIP, COMPATIBILITY, OR  MATRIMONIAL
 OR SOCIAL REFERRAL SERVICES PRINCIPALLY ON OR THROUGH THE INTERNET;
   (C)  "LICENSE VERIFICATION" SHALL MEAN THE USE OF TECHNOLOGY TO VERIFY
 A PERSON'S GOVERNMENT-ISSUED IDENTIFICATION;
   (D) "LOCATION VERIFICATION" SHALL MEAN THE USE OF TECHNOLOGY TO DETER-
 MINE A PERSON'S APPROXIMATE LOCATION;
   (E) "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 SERVICE;
   (F)  "MINOR"  SHALL  MEAN  A NEW YORK RESIDENT WHO IS UNDER THE AGE OF
 EIGHTEEN;
   (G) "NEW YORK MEMBER" SHALL MEAN A MEMBER WHO REGISTERS FOR AN  INTER-
 NET  DATING SERVICE AND WHOSE PRIMARY LOCATION IS THE STATE OF NEW YORK;
 AND
   (H) "PRIMARY LOCATION" SHALL  MEAN  THE  STATE  IN  WHICH  THE  MEMBER
 RESIDES.
   2. PRIOR TO REGISTERING A MEMBER FOR THEIR SERVICE, AN INTERNET DATING
 SERVICE OFFERING SERVICES TO NEW YORK MEMBERS SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14365-02-4
 A. 9109                             2
 
   (A) REQUIRE ALL MEMBERS TO USE LOCATION VERIFICATION TO VERIFY WHETHER
 A MEMBER IS LOCATED IN THE STATE OF NEW YORK;
   (B)  REQUIRE ALL NEW YORK MEMBERS TO USE LICENSE VERIFICATION FOR SUCH
 SERVICE. WHERE IT IS DETERMINED FROM THE LICENSE VERIFICATION  THAT  THE
 NEW  YORK  MEMBER IS A MINOR, SUCH MEMBER SHALL BE PROHIBITED FROM USING
 THE ONLINE DATING SERVICE; AND
   (C) REQUIRE SUCH NEW YORK MEMBERS TO PROVIDE IDENTITY VERIFICATION  TO
 SUCH SERVICE.
   3.  AN  INTERNET  DATING SERVICE OFFERING SERVICES TO NEW YORK MEMBERS
 SHALL IMPLEMENT A REASONABLE SECURITY FEATURE THAT  PROHIBITS  USAGE  OF
 THE ONLINE DATING SERVICE THAT IS TRIGGERED DURING ANY SIGNIFICANT PERI-
 OD OF INACTIVE USE.
   4.  AN  ONLINE  DATING  SERVICE  OFFERING SERVICES TO NEW YORK MEMBERS
 SHALL USE REASONABLE MEASURES TO DETERMINE A MEMBER'S PRIMARY  LOCATION.
 WHERE  SUCH  PRIMARY LOCATION OF A MEMBER IS THE STATE OF NEW YORK, SUCH
 ONLINE DATING SERVICE SHALL REQUIRE SUCH MEMBER TO ENGAGE IN THE VERIFI-
 CATION PROCESSES REQUIRED BY THIS  SECTION.  WHERE  THE  MEMBER  IS  NOT
 DETERMINED  TO  RESIDE IN NEW YORK, SUCH MEMBER SHALL NOT BE REQUIRED TO
 ENGAGE IN THE VERIFICATION PROCESSES REQUIRED BY THIS SECTION.
   5. (A) THE ATTORNEY GENERAL MAY BRING AN ACTION  AGAINST  AN  INTERNET
 DATING SERVICE THAT VIOLATES THE PROVISIONS OF THIS SECTION:
   (I) TO ENJOIN FURTHER VIOLATION OF THE PROVISIONS OF THIS SECTION; AND
   (II)  TO  RECOVER  UP TO FIVE HUNDRED DOLLARS FOR EACH NEW YORK MEMBER
 REGISTERED WITH THE INTERNET DATING SERVICE BUT WAS NOT SUBJECTED TO THE
 VERIFICATION PROCESSES REQUIRED BY THIS SECTION.
   (B) IN AN ACTION UNDER SUBPARAGRAPH (II)  OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  A  COURT  MAY  INCREASE  THE DAMAGES UP TO THREE TIMES THE
 DAMAGES ALLOWED BY SUCH PARAGRAPH WHERE THE DEFENDANT HAS BEEN FOUND  TO
 HAVE  ENGAGED  IN  A PATTERN AND PRACTICE OF VIOLATING THE PROVISIONS OF
 THIS SECTION.
   (C) NO INTERNET DATING  SERVICE  PROVIDER  SHALL  BE  DEEMED  TO  HAVE
 VIOLATED  THE PROVISIONS OF THIS SECTION IF SUCH INTERNET DATING SERVICE
 SHOWS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE  VIOLATION  WAS  NOT
 INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
 MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
   (D)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR COMMON LAW.
   6. 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.