NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10713 REVISED MEMO 06/15/2016
SPONSOR: Rules (Crespo) TITLE OF BILL: An act to amend the arts and cultural affairs law, in
relation to automated ticket purchasing software
PURPOSE:
This bill would strengthen civil penalties and create a new criminal
penalty within the arts and cultural affairs law for the use of ticket
purchasing software, also known as "bots."
SUMMARY OF PROVISIONS:
Section 1 amends the definition of automated ticket purchasing software
to clarify that the term covers software that functions either on its
own or with human assistance, and to expand the definition to include
software that bypasses security measures of access control systems or
other controls and measures that assist in implementing a limit on the
number of tickets that can be purchased on a retail ticket purchasing
platform. The term retail ticket purchasing software platform is
defined. This section also makes it unlawful for ticket resellers to
resell or offer to resell tickets that they know were obtained using
ticket purchasing software if not obtained for their own use or those of
their invitees, employees or agents. This section also increases civil
penalties for knowingly utilizing software and intentionally maintaining
any interest or control of this software. This section would also estab-
lish a new civil penalty for the selling and reselling of tickets
obtained using ticket purchasing software. This section also amends the
period for which a person subject to a civil penalty will be found guil-
ty of a violation for such conduct from the previous five years to the
previous three years. This section also creates a class A misdemeanor
criminal penalty for persons who engage in the above conduct unless the
"bots" tickets were obtained for their own use or the use of their invi-
tees, employees or agents.
Section 2 states the effective date.
JUSTIFICATION:
Arts and Cultural Affairs Law § 25.24 currently defines automated ticket
purchasing software as any machine, device, computer program or computer
software that navigates or runs automated tasks on retail ticket
purchasing websites in order to bypass security measures to purchase
tickets. These software programs are commonly referred to as "bots."
This bill would revise this definition to address the wide variety of
ticket "bots" that are used. The bill would clarify that ticket purchas-
ing software encompasses any machine, device, computer program, or
computer software that functions on its own or with human assistance.
The bill would also expand the definition of ticket purchasing software
to include ticket "bots" that attempt to bypass access control systems
or other controls or measures that assist in implementing a limit on the
number of tickets that can be purchased, to purchase tickets. The bill
would also clarify that the law's coverage includes retail ticket
purchasing websites and applications, and expands the law's scope to
include phone systems and other technology platforms used to sell tick-
ets.
Arts and Cultural Affairs Law § 2524 currently provides civil penalties
for utilizing this software or intentionally maintaining any interest in
or control of the operation of this software. However, this section does
not provide civil penalties for conduct that is common, i.e. reselling
or offering to resell tickets that the reseller knows were obtained
using such software. This bill would make it unlawful to resell or offer
to resell tickets with knowledge that the tickets were purchased using
ticket purchasing software. This bill would create criminal penalties in
the form of imprisonment and/or fines for using "bots," maintaining
interest in or control of "bots" and selling tickets knowingly obtained
with "bots" in certain circumstances. The criminal penalty of a class A
misdemeanor, and associated criminal fines, can help deter those who use
or control "bots" or resell tickets procured with "bots" and allow for a
more equitable ticket buying process.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to state.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
10713
IN ASSEMBLY
June 13, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Crespo) --
read once and referred to the Committee on Codes
AN ACT to amend the arts and cultural affairs law, in relation to auto-
mated ticket purchasing software
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 25.24 of the arts and cultural affairs law, as
2 added by chapter 151 of the laws of 2010, is amended to read as follows:
3 § 25.24. [Automated ticket] Ticket purchasing software. 1. The term
4 "[automated] ticket purchasing software" shall mean, any machine,
5 device, computer program or computer software that [navigates or runs
6 automated tasks on retail ticket purchasing websites in order to
7 bypass], on its own or with human assistance, bypasses security measures
8 [to purchase tickets] or access control systems on a retail ticket
9 purchasing platform, or other controls or measures on a retail ticket
10 purchasing platform that assist in implementing a limit on the number of
11 tickets that can be purchased, to purchase tickets. For purposes of
12 this section, the term "retail ticket purchasing platform" shall mean a
13 retail ticket purchasing website, application, phone system, or other
14 technology platform used to sell tickets.
15 2. (a) It shall be unlawful for any person, firm, corporation or other
16 entity to utilize [automated] ticket purchasing software to purchase
17 tickets.
18 (b) It shall be unlawful for any person, firm, corporation or other
19 entity to knowingly resell or offer to resell a ticket that such person,
20 firm, corporation or other entity knows was obtained using ticket
21 purchasing software and was not obtained for their own use or the use of
22 their invitees, employees, or agents.
23 3. (a) Any person, firm, corporation or other entity who knowingly
24 utilizes [automated] ticket purchasing software in order [to bypass
25 security measures] to purchase tickets shall be subject to a civil
26 penalty in an amount of no less than five hundred dollars and no more
27 than [one thousand dollars] one thousand five hundred dollars for each
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14490-18-6
A. 10713 2
1 such violation and shall forfeit all profits made from the sale of any
2 such unlawfully obtained tickets.
3 4. Any person, firm, corporation or other entity who intentionally
4 maintains any interest in or maintains any control of the operation of
5 [automated] ticket purchasing software to [bypass security measures to]
6 purchase tickets shall be subject to a civil penalty in an amount of no
7 less than seven hundred fifty dollars and no more than one thousand five
8 hundred dollars for each such violation and shall forfeit all profits
9 made from the sale of any such unlawfully obtained tickets.
10 5. Any person, firm, corporation or other entity who knowingly
11 resells or offers to resell a ticket that such person, firm, corporation
12 or other entity knows was obtained using ticket purchasing software and
13 was not obtained for their own use or the use of their invitees, employ-
14 ees, or agents shall be subject to a civil penalty in an amount of no
15 less than five hundred dollars and no more than one thousand five
16 hundred dollars for each such violation and shall forfeit all profits
17 made from the sale of any such unlawfully obtained ticket.
18 6. Any person who is subject to a civil penalty under this section and
19 has been assessed a penalty under this section in the previous [five]
20 three years shall be guilty of a violation and may be fined no less than
21 one thousand dollars and no more than five thousand dollars for each
22 such violation and shall forfeit all profits from the sale of any such
23 unlawfully obtained tickets. In addition, a person convicted of a
24 violation under this section may be required to forfeit any and all
25 equipment used in the unlawful purchasing of tickets.
26 [6.] 7. The attorney general shall have jurisdiction to enforce the
27 provisions of this section in accordance with the powers granted to him
28 or her by section sixty-three of the executive law.
29 [7.] 8. In addition to the power given to the attorney general to
30 enforce the provisions of this section, any place of entertainment, as
31 defined by section 23.03 of this chapter, or any aggrieved party that
32 has been injured by wrongful conduct prescribed by this section may
33 bring an action to recover all actual damages suffered as a result of
34 any of such wrongful conduct. The court in its discretion may award
35 damages up to three times the amount of actual damages. The court may
36 enjoin the respondent from any and all activity prohibited under this
37 section. The court may also award reasonable attorney's fees and costs.
38 9. Any person, firm, corporation or other entity who for the purpose
39 of selling or offering to sell tickets in order to derive a profit ther-
40 efrom (i) intentionally utilizes ticket purchasing software to purchase
41 such tickets, (ii) intentionally maintains any interest in or maintains
42 any control of the operation of ticket purchasing software which is used
43 to purchase such tickets, or (iii) knowingly resells or offers to resell
44 a ticket that such person, firm, corporation or other entity knows was
45 obtained using ticket purchasing software and was not obtained for their
46 own use or the use of their invitees, employees, or agents, shall be
47 guilty of a class A misdemeanor.
48 § 2. This act shall take effect on the ninetieth day after it shall
49 have become a law.
