THE SENATE

S.B. NO.

1316

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to internet dating services.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§481B-    Internet dating services; safety awareness notification.  (a)  An internet dating service offering services to Hawaii members shall provide a safety awareness notification that includes, at a minimum, a list and description of safety measures reasonably designed to increase awareness of safer dating practices in a clear and conspicuous manner.  The notification shall include but not be limited to statements that are substantially similar to the following:

     (1)  "Anyone who is able to commit identity theft can also falsify a dating profile.";

     (2)  "There is no substitute for acting with caution when communicating with any stranger who wants to meet you.";

     (3)  "Never include your last name, e-mail address, home address, telephone or cell phone number, place of work, or any other identifying information in your internet profile or initial email messages.  Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it."; and

     (4)  "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.".

     The notification shall be given at the time a Hawaii member registers with the service and by way of a link on the main website, or the first entry point, of the service.

     (b)  If an internet dating service does not conduct criminal background screenings on its members, the service shall disclose, clearly and conspicuously, to all Hawaii members that the internet dating service does not conduct criminal background screenings.  The disclosure shall be provided in two or more of the following forms:

     (1)  When an electronic mail message is sent or received by a Hawaii member;

     (2)  In a "click-through" or other similar presentation requiring a member from this State to acknowledge that the member has received the information required by this section;

     (3)  On the profile describing a member to a Hawaii member; or

     (4)  On the website pages or home page of the internet dating service used when a Hawaii member signs up.

     (c)  If an internet dating service conducts criminal background screenings on all of its communicating members, then the service shall disclose, clearly and conspicuously, to all Hawaii members that the internet dating service conducts a criminal background screening on each member prior to permitting a Hawaii member to communicate with another member.  The disclosure shall be provided on the website pages used when a Hawaii member signs up.  A disclosure under this subsection shall be in bold, capital letters in at least twelve-point type.

     (d)  If an internet dating service conducts criminal background screenings, the service shall:

     (1)  Disclose whether it has a policy allowing a member who has been identified as having a criminal conviction to have access to its service to communicate with any Hawaii member; and

     (2)  State in substantially similar language that:

         (A)  Criminal background screenings are not foolproof, may give members a false sense of security, and are not a perfect safety solution;

         (B)  Criminals may circumvent even the most sophisticated search technology;

         (C)  Not all criminal records are public in all states and not all databases are up-to-date;

         (D)  Only publicly available convictions are included in the screenings; and

         (E)  Screenings do not cover other types of convictions or arrests or any convictions from foreign countries.

     (e)  The attorney general may bring an action against an internet dating service that violates this section to:

     (1)  Enjoin further violation of this section; and

     (2)  Recover up to $250 for each Hawaii member registered with the internet dating service during the time period that the internet dating service was in violation of this section.  In an action under this paragraph, a court may increase the damages up to three times the damages allowed where the defendant has been found to have engaged in a pattern and practice of violating this section.

     (f)  No internet dating service shall be deemed to have violated this section if the 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 procedure reasonably adopted to avoid the error.

     (g)  Nothing in this section shall be construed to restrict any right that any person may have under any other statute or common law.

     (h)  An internet service provider does not violate this section solely as a result of serving as an intermediary for the transmission of electronic messages between members of an internet dating service.

     (i)  As used in this section:

     "Hawaii member" means a member who provides an in-state billing address or zip code when registering with the service.

     "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.

     "Internet service provider" means any person, business, or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.

     "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, matrimonial, or social referral."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 



 

Report Title:

Internet Dating Services; Safety Awareness Notification

 

Description:

Requires internet dating services to provide safety awareness notification to their Hawaii members.  Authorizes the AG to bring an action against violators.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.