Bill Text: NY A05180 | 2009-2010 | General Assembly | Amended

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Bill Title: Enacts the "internet dating safety act"; requires internet dating services to provide safety awareness notification that includes, at minimum, a list and description of safety measures reasonably designed to increase awareness of safer dating practices.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-08-30 - signed chap.425 [A05180 Detail]

Download: New_York-2009-A05180-Amended.html

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                           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
                                   February 10, 2009
                                      ___________
       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.