THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHART, TRUE, KULA, O'NEILL, BEYER, BOBACK, FARRY, GEIST, GILLESPIE, GINGRICH, HELM, HORNAMAN, KILLION, MAJOR, MANN, MILLARD, MUNDY, MURT, PASHINSKI, PICKETT, QUINN, READSHAW, REICHLEY, SIPTROTH, SONNEY, STERN, SWANGER AND WATSON, NOVEMBER 10, 2009

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 10, 2009  

AN ACT

Requiring online dating service providers to disclose

information relating to criminal background checks of its

users; imposing penalties; and establishing the Internet

Dating Disclosure and Safety Awareness Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Internet

Dating Disclosure and Safety Awareness Act.

Section 2.  Findings.

The General Assembly finds and declares as follows:

(1)  Criminals and sex offenders use online dating

services to prey upon the residents of this Commonwealth.

(2)  Residents of this Commonwealth need to be informed

when viewing Internet websites of online dating services as

to the potential risks to personal safety associated with

online dating. Requiring disclosures in the form of

guidelines for safer dating and informing residents as to

whether a criminal background screening has been conducted on

members of an online dating service fulfills a compelling

State interest to increase public awareness of the possible

risks associated with Internet dating activities.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Criminal background check."  A search for a person's felony

and sex offense convictions initiated by an online dating

service provider conducted through one of the means provided for

in section 4.

"Member."  A person who submits to an online dating service

provider the information required by the provider to access the

provider's service for the purpose of engaging in dating,

participating in compatibility evaluations with other persons or

obtaining matrimonial matching services.

"Provider."  A person engaged in the business of offering or

providing to its members for a fee access to dating,

compatibility evaluations between persons or matrimonial

matching services through the Internet.

"Sex offense conviction."  A conviction for an offense that

would qualify the offender for registration as a sex offender

pursuant to 42 Pa.C.S. Ch. 97 Subch. H (relating to registration

of sexual offenders) or under another state's equivalent

statute.

Section 4.  Criminal background check.

For purposes of this act, a criminal background check shall

be conducted through one of the following means:

(1)  By searching available and regularly updated

government public record databases for felony and sex offense

convictions so long as the databases, in the aggregate,

provide substantially national coverage.

(2)  By searching a database maintained by a private

vendor whose database:

(i)  contains more than 170,000,000 criminal records

that are otherwise available to the public;

(ii)  has substantially national coverage;

(iii)  is updated at least every 30 days;

(iv)  is operated and maintained in the United

States; and

(v)  contains at least the same or substantially

similar criminal history records as would be otherwise

accessible through searches of all the available

government databases specified in paragraph (1).

Section 5.  Disclosures.

(a)  General rule.--An online dating service provider

offering services to residents of this Commonwealth shall

disclose clearly and conspicuously, to any member who provides a

billing address or a zip code in this Commonwealth when

registering with the provider, that the online dating service

provider either initiates a background check of felony and sex

offense convictions on each member prior to permitting any

member to communicate with a member in this Commonwealth or that

the online dating service provider does not initiate such a

background check.

(b)  Background check not conducted.--If the online dating

service provider does not initiate criminal background checks,

the provider must make a disclosure that shall read:

NO BACKGROUND CHECK OF FELONY OR SEX OFFENSE CONVICTIONS

IS DONE ON MEMBERS WHO USE THIS SERVICE. PLEASE TAKE

APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF

POSSIBLE RISKS ASSOCIATED WITH DATING.

(c)  Background check conducted.--If the online dating

service provider does initiate criminal background checks, the

disclosure shall read:

(NAME OF PROVIDER) INITIATES A LIMITED BACKGROUND CHECK

FOR FELONY AND SEX OFFENSE CONVICTIONS BEFORE A MEMBER IS

PERMITTED TO COMMUNICATE WITH ANY MEMBER FROM

PENNSYLVANIA.

(d)  Appearance.--The disclosure required under subsection

(b) or (c) shall appear on a web page required to be viewed by a

person applying to be a member who has indicated a billing

address or zip code in this Commonwealth in the registration

process. The disclosure cannot be more than three inches from

the top of the web page and must be:

(1)  In bold capital letters.

(2)  In at least 12 point type.

(3)  In a color that contrasts from the background.

(e)  Acknowledgment.--The provider shall require the

applicant in this Commonwealth to make an electronic

acknowledgment that the applicant has been provided the

disclosure before the applicant is accepted as a member. The

disclosure required under subsection (b) or (c) shall

additionally appear on any page that appears to a member in this

Commonwealth each time that member initiates or receives a

communication with another member through the provider's

service.

(f)  Additional disclosure.--If the online dating service

provider conducts criminal background checks and the provider

has a policy allowing a member who has been identified as having

a felony or sex offense conviction to have access to its service

to communicate with any member in this Commonwealth, the

provider shall clearly and conspicuously disclose on any

communication to a member in this Commonwealth from the member

who has been identified as having a felony or sex offense

conviction, and on any web page that is seen by or transmitted

to a member in this Commonwealth that contains the personal

information for the member who has been identified as having a

felony or sex offense conviction and that is seen by or

communicated to a member in this Commonwealth, a disclosure that

shall read:

THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR SEX

OFFENSE CONVICTION.

Section 6.  Provider policies.

An online dating service provider that conducts criminal

background checks shall establish an automatic electronic link

from any web page containing the disclosure required by section

5(c) to a web page that provides a safety awareness

notification. The web page containing the safety awareness

notification shall be configured such that it shall

automatically appear each time a member makes the electronic

acknowledgment of the disclosure under section 5(c). The member

is required to make an electronic acknowledgment of the safety

awareness notification each time it appears and the

acknowledgment shall appear at the bottom of the web page

containing the notification. At a minimum, the safety awareness

notification shall provide the following:

(1)  A statement that reads:

PERSONAL SAFETY AWARENESS NOTICE CAUTION:  Before

allowing Pennsylvania members to communicate with other

members (Name of provider) initiates a background check

of available public records to determine if any felony or

sex offense convictions are identified based on the name

and other information we require of members to create a

profile. The purpose is to provide a preliminary

background screening for protection of our members before

they are permitted to begin communicating directly with

each other.

The background checks for felony and sex offense

convictions are not foolproof and are not intended to

give members a false sense of security. Background checks

are not a perfect safety solution and criminals may

circumvent even the most sophisticated search technology.

Not all criminal records are public in all states and

not all databases are up to date. Only publicly available

felony and sex offense convictions are included in the

background check, but background checks do not cover

other convictions or arrests or any convictions from

foreign countries.

Anyone who is able to commit identity theft can also

falsify a dating profile.

There is no substitute for using good common sense

and acting with caution when communicating with any

stranger who wants to meet you.

(2)  A list and description of safety measures reasonably

designed to increase awareness of safer dating practices as

determined by the provider.

Section 7.  Application.

Any online dating service provider that enrolls members from

Pennsylvania must comply with this act.

Section 8.  Jurisdiction.

An online dating service that engages in the act of

transmitting files over the Internet addressed to residents of

this Commonwealth, and the act of accepting membership fees from

residents of this Commonwealth, means that the online dating

service is operating, conducting, engaging in and otherwise

carrying on a business in this Commonwealth, subjecting the

online dating service providers to regulation by the

Commonwealth and to the jurisdiction of the courts of this

Commonwealth.

Section 9.  Violation of Unfair Trade Practices and Consumer

Protection Law.

A violation of this act constitutes unfair methods of

competition and unfair or deceptive acts or practices within the

meaning of section 2(4) of the act of December 17, 1968

(P.L.1224, No.387), known as the Unfair Trade Practices and

Consumer Protection Law. Each failure to provide the required

disclosure constitutes a separate violation.

Section 10.  Civil penalties.

In addition to the remedy provided in this act and the act of

December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade

Practices and Consumer Protection Law, the Attorney General may

bring an action and the court may impose a civil penalty of up

to $1,000 per violation, with an aggregate total not to exceed

$25,000 for any 24-hour period, against any online dating

service provider who violates any requirement of this act.

Section 11.  Internet Dating Disclosure and Safety Awareness

Fund.

There is hereby established the Internet Dating Disclosure

and Safety Awareness Fund as a special fund in the State

Treasury. All civil monetary penalties imposed as a result of

any action filed under this act shall be deposited into the

fund. Moneys in the fund shall be allocated, subject to

appropriation, to the Office of Attorney General for enforcement

of this act.

Section 12.  Exemptions.

(a)  Intermediaries.--An Internet service provider does not

violate this act solely as a result of serving as an

intermediary for the transmission of electronic messages between

members of an online dating service provider. An Internet access

service or other Internet service provider shall not be

considered an online dating service provider within the meaning

of this act as to any online dating service Internet website

provided by another person or entity.

(b)  Number of members.--An Internet service provider that

has fewer than 1,000 members is exempt from the requirements of

this act.

Section 13.  Effective date.

This act shall take effect in 60 days.