The bill requires an online dating service (service) to have a safety
policy that includes certain elements. It is a deceptive trade practice if a service does not have a compliant safety policy. A safety policy must include:
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Information about whether and under what circumstances the service conducts background screenings of members who use the service (members) and whether the service excludes from membership individuals with past criminal convictions;
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A definition of misconduct used by the online dating service;
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A description of whether and when the service suspends a member profile or bars a member from the service as a result of reports of misconduct committed by the member;
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Guidelines for reporting misconduct committed by a member to the service and information about how those reports are shared with other members;
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A notice that engaging in sexual conduct with another person without the other person's consent violates the safety policy and criminal laws, and may result in criminal or civil liability;
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Information about resources available for members who experience misconduct committed by another member; and
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Measures taken by the platform that are reasonably designed to promote safer online and in-person dating experiences for members.
A service shall post its safety policy on the front page of its
website or mobile application, include the policy in its dating service contract, and file its safety policy with the attorney general's office.
A service shall annually file a report with the attorney general's
office that includes information about reports of misconduct committed by members that the service has received and actions taken by the service against members who are the subject of those reports.
If a member who brings an enforcement action against a service
for the deceptive trade practice of not having an adequate safety policy was injured by another member and a report against the other member was filed with the service prior to the incident, the service is liable for the amount of the member's actual damages or, if the service received more than one report about the other member and fails to take timely remedial action against the other member, 3 times the amount of the member's actual damages.
The bill creates a civil cause of action for a person who was
tracked by means of a tracking device or tracking application to bring a claim against the actor who installed a tracking device on the person's property or who caused a tracking device or tracking application to track the person or person's property without the person's consent.
Existing law prohibits posting a private image for harassment;
posting a private image for pecuniary gain; and posting, possession, or exchange of a private image by a juvenile. The bill adds to those offenses posting a computer generated or digitally altered sexual image that:
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Depicts an actual person engaging in speech or conduct that the person did not engage in and is so realistic that a reasonable person would believe it depicts the actual conduct of the depicted person;
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Was produced by technological means; and
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Realistically depicts the private intimate parts of another person or artificially generated private intimate parts presented as those of the depicted person or displays the depicted person in a sexual act.
