Online-Facilitated Misconduct & Remote Tracking

The act requires an online dating service (service) to have a safety policy that includes certain elements, as detailed below. 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 criminal convictions;
• A description of whether and when the service verifies a member's identity or that the member is at least 18 years of age;
• A description of whether and when the online dating service, after receiving a report of prohibited content and conduct committed by a member, provides actual notice that it received the report to other members who have had contact with the member and, if so, the types of content and conduct that result in notice;
• 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 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 prohibited content and conduct committed by a member to the service;
• 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 sexual assault, domestic violence, and other crimes; and
• Measures taken by the service that are reasonably designed to promote safer online and in-person dating experiences for members.

A service shall post a link to its safety policy on the front page of its website, on the settings or similar screen of its mobile application, and in its dating service contract. A service shall submit the URL for its safety policy, including any updates, to the attorney general's office.

On or before January 31, 2026, a service shall annually file a report with the attorney general's office 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, 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 an enforcement action.

The act 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 act makes those offenses apply to images that include simulated intimate parts of a person.

APPROVED by Governor June 5, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)