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MAY 9, 2005
By Sarah Lacy Dinner, Movie, Background Check True.com, Herbert Vest's upstart online-dating site, wants laws that would require screening prospects. That's roiling the industry For Herbert Vest, all's fair in love and the online-dating business. The founder and CEO of True.com, Vest has been pushing several state legislatures to pass a bill mandating that all online-dating sites do background checks on their members or carry a disclaimer if they choose not to. One of the newest entrants in online dating, Vest's True.com is, coincidentally, one of the few sites that does background checks on all its members. The legislation has been proposed in California, Michigan, Texas, and Virginia, but so far has gained the most momentum in Florida. It had already passed a state senate committee, and GOP Representative Kevin Ambler was pushing hard to get it to a full senate vote before the legislative session ended on May 6, but it ran out of time. "It ain't over until it's over, and I have until Friday," he said as the deadline loomed. "I'm working hard to get it heard." Such legislation has stalled in California, Michigan, and Virginia, but because Web sites can't very well operate differently for only one state, all it will take is one for Vest to make life difficult for a very resistant $400 million industry. NOT FOOLPROOF. What's wrong with doing background checks? Two issues arise: Whether Internet dating is dangerous and whether state governments should be stepping into the dating rituals of consenting adults. Match.com, Yahoo (YHOO ), Microsoft (MSFT ), and many others argue that Vest is playing up problems that don't exist. They contend that online dating is safer than, say, meeting someone in a bar and that they encourage their members to use common sense before setting up a meeting or exchanging personal information. The companies also point out that these laws wouldn't apply to similar dating services in the offline world, making such legislation unfair and open to legal challenges. What's more, Match.com says its own prior polling shows members aren't demanding a background-check feature. Plus, background checks can be spotty. Clients need to have been found guilty of a felony charge for something to show up, and no background-check service claims to catch 100% of these convictions. Sites like Match.com argue that the legislation will create a false sense of security. And organizations like the American Civil Liberties Union contend it violates members' privacy. On the other hand, Vest and Republican state legislators -- such as John Carona of Texas, Alan Cropsey of Michigan, and Ambler of Florida -- believe the Internet's current anonymity lulls people into a false sense of security. When you meet someone in a bar, you can pick up warning signs from body language. Moreover, such social settings make it more likely that a prospective date will be known to mutual friends. But online daters may hail from different cities or even states, making deception easier. "TURF BATTLE." It's a moot point to Vest, who says he wants to make the Internet a better, safer place to date, not one equivalent to the real world. "This has the opportunity to provide this wholesome environment for courtship," he says. "We have a tremendous destiny to lower the divorce rate by making dating more efficient, easy, and fun, and True.com is leading the way." Now that Florida's legislature is on hiatus, all eyes -- and lobbyists -- will shift to Texas, where the legislation also has passed a senate committee and is being pushed for a vote before the legislature adjourns at the end of the month. A shootout in Texas would be appropriate, as it's the home of Vest and Match.com, both based in Dallas. "Why would anyone really object to a disclaimer? That leads me to think the substance of the argument is more about a turf battle than public safety," Texas Senator Carona says. Match.com spokeswoman Kristen Kelly disputes that, saying tiny True.com poses little threat to her company. And, she adds, it's possible Match.com already meets the stipulations of the Florida bill, since it advises users that it doesn't do background checks. Fighting the issue, she says, is a matter of principle.
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