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:

  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 that residents of this state need to be informed of the  poten-
tial  risks  of participating in internet dating services.  The legisla-
ture further finds and  declares  that  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) "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.
  (B)  "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04280-03-9
              

A. 5180--A                          2

  (C) "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.
  (D)  "NEW YORK MEMBER" MEANS A MEMBER WHO PROVIDES AN IN-STATE BILLING
ADDRESS OR ZIP CODE WHEN REGISTERING WITH THE SERVICE.
  2. AN INTERNET DATING SERVICE OFFERING SERVICES TO  NEW  YORK  MEMBERS
SHALL PROVIDE SAFETY AWARENESS NOTIFICATION THAT INCLUDES, AT MINIMUM, A
LIST  AND DESCRIPTION OF SAFETY MEASURES REASONABLY DESIGNED TO INCREASE
AWARENESS OF SAFER DATING PRACTICES IN A CLEAR AND  CONSPICUOUS  MANNER.
SUCH  NOTIFICATION  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
STATEMENTS OR SUBSTANTIALLY SIMILAR STATEMENTS:
  (A) "THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING
WITH ANY STRANGER WHO WANTS TO MEET YOU."
  (B) "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."
  (C) "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."
  SUCH NOTIFICATION SHALL BE GIVEN AT THE TIME A NEW YORK MEMBER  REGIS-
TERS  WITH  THE SERVICE AND BY WAY OF A LINK ON THE MAIN WEBSITE, OR THE
FIRST ENTRY POINT, OF THE SERVICE.
  3. (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  TWO HUNDRED FIFTY DOLLARS FOR EACH NEW YORK
MEMBER REGISTERED WITH THE INTERNET DATING SERVICE DURING THE TIME PERI-
OD THAT THE INTERNET DATING SERVICE WAS IN VIOLATION OF 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 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.
  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.