Online Dating Services Oppose Regulation
of Online Dating
(onlinedatingmagazine.com -
March 23, 2005) IDEA-OASIS, the Internet Dating Executive
Alliance/Online Association for Social Industry Standards
has announced its formal opposition
to various state legislative efforts that would require
personals companies to conduct background checks on
all users of Internet dating and online matchmaking
services. The organization also warned of security
concerns surrounding the data providers that would
potentially provide the proposed mandated checks.
Recently, several large, well-respected companies
have been hit by security breaches involving tens of
thousands of consumers. Even more seriously, certain
data providers are alleged to have sold personal information
on hundreds of thousands of consumers to criminals
who posed as legitimate businesses to gain access to
these information databases.
Online dating service True is responsible for trying
to get the entire industry regulated, petitioning states
to pass laws requiring the background checks after True signed an exclusive contract with largest online provider
of criminal background checks.
The ongoing legislative effort to regulate online
dating began in Michigan several months ago and has
spread to other states, including California, Ohio,
Florida and Texas. Although the language varies from
state to state, all of the pending bills require service
providers to conduct searches for felony and sexual
offense convictions from a national database containing
at least 170 million criminal and sexual offender records.
If the service provider does not perform criminal background
checks, the company must post a warning on the website's
home page, along with all member profiles and e-mail
communications accessible to residents of that state.
Virginia rejected the similar legislation in January.
"The proposed legislative remedy here strikes
at the very heart of legislative overkill versus self-regulation
through better business models and policies," said
Michael Jones, president of IDEA OASIS. "In addition
to damaging individual privacy, this kind of misguided
effort may ultimately undermine e-commerce -- from
giants such as eBay and Amazon down to the small business
and start-ups. In the end, the supposed cure is worse
than the disease, which is why we believe this will
simply force the hand of online businesses and impair
the rights of free speech and free communication online."
Comprised of such companies as Date.com, FriendFinder, Cupid.com,
and RelationshipExchange, IDEA-OASIS serves both the
online dating and social networking sectors. Jones
is president and co-founder of Userplane, a pioneer
in providing enterprise social software for online
communities.
"The fact is, meeting online is already safe
-- and vastly safer than encountering someone in a
bar," said Jones. "Online, members do the
screening, read the profiles, use secure channels,
and converse through video if they wish." Proponents
of government regulation have been able to gather support
from legislators by falsely suggesting that consumers
are unduly at risk without new state laws. But industry
leaders such as Match.com and Yahoo!
Personals maintain that precisely the opposite
is true.
"Unfortunately, the proposed legislation will
not only give consumers a dangerous and false sense
of security, but it will also compromise the security
of their personal information by requiring them to
repeatedly submit to identity checks by companies that
have proven to be unreliable," said Kristin Kelly,
senior director of public relations for Match.com "Simply
put, the proposed legislation is a bad solution in
search of a problem. It's not good for consumers, nor
is it good for an industry whose sole purpose is to
help single people find love in the 21st century."
These measures, often struck down by federal courts
as unreasonable limits on interstate commerce, have
a greater chance of passage when linked to issues like
safety. "Consumers who carefully examine the proposed
legislation will realize that mandating background
checks will only benefit the company employed to perform
these tasks," said Meir Strahlberg, CEO of Date.com. "Rather
than risk giving consumers a false sense of security
with criminal checks that are not 100 percent accurate,
responsible companies in the industry should continue
to promote safety guidelines to those in the online
dating community."
Mandated Criminal Checks a Threat to Privacy
Members of the verification and background-check industry are also opposed
to the legislation. Drew Green, a vice president with Verified Person, a
provider of self-initiated profile verification, suggested that mandated
criminal checks will needlessly stifle online community interaction and growth.
"The online dating community is an extremely
large and diverse group," Green said. "While
some people are genuinely concerned about verifying
various background details of potential dates, others
are worried about preserving privacy and maintaining
anonymity. Online daters should be given the choice."
"Regulation will promote a false sense of security
for the consumer, further compounding the abuse of
anonymity across the Internet," said Chris Bradley,
co-founder of Trufina, a company focused on consumer-controlled
online identity verification and management. "What's
needed are consumer-centric solutions based on reciprocity
-- a mutual exchange allowing consumers to both manage
their own privacy while challenging the identity and
credentials of others they meet online."
"Background check services are already readily
available to consumers, as are online personals companies
that conduct background checks," said IDEA-OASIS's
Jones. "The proposed legislation could jeopardize
the safety of their constituents and the security of
their personal data to disrupt natural market forces
to the benefit of one or two companies."
Earlier this month, the California legislature started
considering just such a bill, which would fine dating
services $250 per day for failing to comply.
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