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person's criminal convictions initiated by an on-line dating |
service provider and conducted by:
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(1) searching available and regularly updated |
government public record databases for criminal |
convictions so long as such databases, in the aggregate, |
provide substantial national coverage; or
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(2) searching a database maintained by a private vendor |
that is regularly updated and is maintained in the United |
States with substantial national coverage of criminal |
history records and sexual offender registries.
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"Internet dating service" means a person or entity in the |
business, for a fee, of providing dating, romantic |
relationship, or matrimonial services principally on or |
through the Internet.
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"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.
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"Illinois member" means a member who provides an Illinois |
billing address or zip code when registering with the service.
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"Criminal conviction" means a conviction for any crime |
including but not limited to any sex offense that would qualify |
the offender for registration pursuant to the Sex Offender |
Registration Act or under another jurisdiction's equivalent |
statute.
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Section 10. Requirements for Internet dating services. |
(a) An Internet dating service offering services to |
Illinois members shall provide a safety awareness notification |
to all Illinois members that includes, at a minimum, a list and |
description of safety measures reasonably designed to increase |
awareness of safer dating practices as determined by the |
service. |
Examples of such notifications include, but are not limited |
to: |
(1) "Anyone who is able to commit identity theft can |
also falsify a dating profile."
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(2) "There is no substitute for acting with caution |
when communicating with any stranger who wants to meet |
you."
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(3) "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."
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(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."
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(b) If an Internet dating service does not conduct criminal |
background screenings on its members, the service shall |
disclose, clearly and conspicuously, to all Illinois 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: when an electronic mail message |
is sent or received by an Illinois member, in a "click- |
through" or other similar presentation requiring a member from |
this State to acknowledge that they have received the |
information required by this Act, on the profile describing a |
member to an Illinois member, and on the website pages or |
homepage of the Internet dating service used when an Illinois |
member signs up. A disclosure under this subsection shall be in |
bold, capital letters in at least 12-point type.
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(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 |
Illinois members that the Internet dating service conducts a |
criminal background screening on each member prior to |
permitting an Illinois member to communicate with another |
member. The disclosure shall be provided on the website pages |
used when an Illinois member signs up. A disclosure under this |
subsection shall be in bold, capital letters in at least |
12-point type.
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(d) If an Internet dating service conducts criminal |
background screenings, then the service shall disclose whether |
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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 Illinois member; shall state that criminal |
background screenings are not foolproof; that they may give |
members a false sense of security; that they are not a perfect |
safety solution; that criminals may circumvent even the most |
sophisticated search technology; that not all criminal records |
are public in all states and not all databases are up to date; |
that only publicly available convictions are included in the |
screening; and that screenings do not cover other types of |
convictions or arrests or any convictions from foreign |
countries.
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Section 15. Unlawful practices for Internet dating |
services. It is an unlawful practice under the Consumer Fraud |
and Deceptive Business Practices Act for an Internet dating |
service to fail to provide notice or falsely indicate that it |
has performed criminal background screenings in accordance |
with this Act.
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Section 20. No violation to serve as intermediary. An |
Internet service provider or website hosting service does not |
violate this Act as a result of serving as an intermediary for |
the transmission of electronic messages between members of an |
Internet dating service.
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