§ 394-CC — Internet dating safety

§ 394-cc. Internet dating safety. 1. As used in this section, the\nfollowing terms shall have the following meanings:\n (a) "internet dating service" means a person or entity directly or\nindirectly in the business, for profit, of offering, promoting or\nproviding access to dating, relationship, compatibility, matrimonial or\nsocial referral services principally on or through the internet.\n (b) "internet service provider" means any person, business or\norganization qualified to do business in this state that provides\nindividuals, corporations, or other entities with the ability to connect\nto the internet through equipment that is located in this state.\n (c) "member" means a customer, client or participant who submits to an\ninternet dating service information required to access the service for\nthe purpose of engaging in dating, relationship, compatibility,\nmatrimonial or social referral.\n (d) "New York member" means a member who provides an in-state billing\naddress or zip code when registering with the service.\n 2. An internet dating service offering services to New York members\nshall provide safety awareness notification that includes, at minimum, a\nlist and description of safety measures reasonably designed to increase\nawareness of safer dating practices in a clear and conspicuous manner.\nSuch notification shall include, but not be limited to, the following\nstatements or substantially similar statements:\n (a) "There is no substitute for acting with caution when communicating\nwith any stranger who wants to meet you."\n (b) "Never include your last name, e-mail address, home address, phone\nnumber, place of work, or any other identifying information in your\ninternet profile or initial e-mail messages. Stop communicating with\nanyone who pressures you for personal or financial information or\nattempts in any way to trick you into revealing it."\n (c) "If you choose to have a face-to-face meeting with another member,\nalways tell someone in your family or a friend where you are going and\nwhen you will return. Never agree to be picked up at your home. Always\nprovide your own transportation to and from your date and meet in a\npublic place with many people around."\n Such notification shall be given at the time a New York member\nregisters with the service and by way of a link on the main website, or\nthe first entry point, of the service.\n 3. (a) The attorney general may bring an action against an internet\ndating service that violates the provisions of this section:\n (i) to enjoin further violation of the provisions of this section; and\n (ii) to recover up to two hundred fifty dollars for each New York\nmember registered with the internet dating service during the time\nperiod that the internet dating service was in violation of this\nsection.\n (b) In an action under subparagraph (ii) of paragraph (a) of this\nsubdivision, a court may increase the damages up to three times the\ndamages allowed by such paragraph where the defendant has been found to\nhave engaged in a pattern and practice of violating the provisions of\nthis section.\n (c) No internet dating service shall be deemed to have violated the\nprovisions of this section if such internet dating service shows, by a\npreponderance of the evidence, that the violation was not intentional\nand resulted from a bona fide error made notwithstanding the maintenance\nof procedures reasonably adopted to avoid such error.\n (d) Nothing in this section shall be construed to restrict any right\nwhich any person may have under any other statute or common law.\n 4. An internet service provider does not violate this section solely\nas a result of serving as an intermediary for the transmission of\nelectronic messages between members of an internet dating service.\n