Friend Request Denied

5-28-2009 New York:

When a Level 2 sex offender with a profile on Match.com asked out a fictitious single mom whose profile was created by Laura Ahearn, executive director of Parents for Megan’s Law, Ahearn contacted the company and demanded that he be banned from the popular dating website.

According to Match.com's "Terms of Agreement" ficitious personas are not permitted (see portions of TOA at end of this article); except possibly by law enforcement personnel. At what point do social networking sites allow ficititious accounts for vigilante purposes? Is/was Match.com a participant in this "sting-of-sorts" like Dateline was with Perverted Justice?

When a company representative refused to do anything more than force the sex offender to delete his profile—and only after Ahearn threatened to go public with the story—she knew that more had to be done.



In response to this case and others like it, Nassau County Legis. Dave Mejias (D-Farmingdale) introduced legislation that would prohibit sex offenders from using similarly popular social networking websites, such as Facebook, as well as online dating services like E-Harmony.

“There are too many horror stories of children being lured by already convicted sex offenders through these sites,” says Mejias.

Come on, children should not be on sites like Match.com, he is mixing issues.

If passed, the proposed law would make the use of these sites a violation for all sex offenders in the county. Those found in violation would be brought back to court and could be put behind bars.

If the legislation was passed (which includes UNRESTRICTED ACCESS to the National Crime Information Center records) then Parents for Megan's Law would be acting as a Law Enforcement agency (and checking every background of anyone who answers a fictitious Match.com account). Why not allow law enforcement to do what they are paid to do.

The bill would build upon The Electronic Security and Targeting of Online Predators Act (e-STOP), a New York State law that was enacted in May 2008 that banned Level 3 sex offenders from online social networking websites and mandated that sex offenders register Internet accounts and screen names with the State Division of Criminal Justice Services. E-STOP also allows networking sites, such as Facebook and MySpace, to screen or block a sex offender’s Internet messages. But critics say the e-STOP law only prohibited the highest-level offenders—those who victimized a minor—from these sites.

“Up to this point, the ban doesn’t apply to those who are below a Level 3 or those who have targeted an adult, which allows for a gaping loophole,” says Ahearn.

The proposed county law would also expand regulation to Internet venues previously unmentioned, such as dating sites, where offenders can still shop for victims.

“The Internet is the key for sex offenders to get into our homes,” says Ahearn. “There are more than 20 million people online dating, yet all of the large sites have no type of screening. You can be whoever you want to be. There are adults who even have photos of their children on these services. Nothing’s being done to ban these offenders or warn people of them.”

Gerard Cook, director of the Nassau County Probation Department and Chief Karen O’Callaghan of the Nassau County Police Department also expressed their support for the legislation at a press conference on Wednesday, May 27.

“We currently have 340 sex offenders on probation,” Cook says. “Sixty-five of those were proven to be involved in computer crime (Sex crime?). That doesn’t mean that the others were not.”

Neither Facebook nor Match.com responded to requests seeking comment.

“This law will go a long way in prohibiting offender’s attempts to use the Internet as their means for victimization,” Cook adds.

In the meantime, it’s up to parents to monitor their children’s online activities. ..Source.. by Michelle Regalado

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Excerpts of Match.com's Terms of Agreement
2. Eligibility. You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of Match.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
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5. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Match.com, which may be revoked at any time, for any reason, in Match.com's sole discretion.
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7. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that Match.com does not in any way screen its Members, nor does Match.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Match.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Match.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. In addition, you agree to review Match.com's Dating Safety Tips prior to using the Service. You understand that Match.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
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9. Content Posted by You on Match.com.

a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Match.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Match.com of such change.
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d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Match.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
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harasses or advocates harassment of another person;
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promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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h. All information you include in your Member profile must be accurate, current and complete.
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10. Prohibited Activities. Match.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.