Online-Facilitated Misconduct & Remote Tracking

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:

• A description of prohibited content and conduct used by the online dating service, which must include misconduct that threatens public or personal safety;
• 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;
• A description of whether and when the online dating service verifies a member's identity or that the member is at least 18 years of age;
• A definition of misconduct used by the online dating service;
• 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 prohibited content and conduct committed by the member and whether the service allows a member to appeal an adverse action against the member;
• Guidelines for reporting misconduct prohibited content and conduct committed by a member to the service and information about how those reports are shared with other members;
• 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;
• Information about resources available for members in Colorado who experience misconduct committed by another member sexual assault, domestic violence, and other crimes; and
• 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 and on the settings or similar screen of its mobile application , and include a link to the policy in its dating service contract. and file A service shall submit the URL for its safety policy with to 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. concerning member safety and the service's compliance with the requirement to have a safety policy. Prior to commencing a deceptive trade practice enforcement action against an online dating service that registers its first member in this state after the effective date of the bill, the attorney general or a district attorney must issue a notice of violation to the service if the attorney general or district attorney determines it is possible for the online dating service to cure the violation. The service has 30 days after receiving notice to cure the violation. If the service does not cure the violation, the attorney general or district attorney may commence the enforcement action. 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 requires a social media company to prohibit posting a computer generated or digitally altered sexual image on its social media platform without the consent of the person depicted in the image and to have a policy that includes a process for a user to flag content or other users that the user believes violate the prohibition. Failure to comply with the requirements is an unfair trade practice.

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. Posting a private image for harassment or for pecuniary gain involves posting an image that depicts the private intimate parts of a person. Posting, possession, or exchange of a private image by a juvenile involves an image that depicts specified intimate parts of a person. The bill makes those offenses apply to images that include simulated intimate parts of a person. The bill adds to those offenses posting a computer generated or digitally altered sexual image that:

• 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;
• Was produced by technological means; and
• 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.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)