New York State Assembly

 
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A10713 Summary:

A10713 Actions:

A10713 Committee Votes:

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/15/2016AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Excused
Duprey
Aye
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Excused
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

Committee:CODES   Chair:Lentol      
DATE:06/15/2016AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Hevesi
Aye
Montesano
Aye
Wright
Aye
Ra
Aye
Pretlow
Aye
Tenney
Aye
Cook
Aye
Cymbrowitz
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

Committee:RULES   Chair:Heastie      
DATE:06/16/2016AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10713 Floor Votes:

A10713 Memo:

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.

A10713 Text:

 
                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.