[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 708 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 708

 To prohibit, as an unfair and deceptive act or practice in commerce, 
the sale or use of certain software to circumvent control measures used 
   by Internet ticket sellers to ensure equitable consumer access to 
tickets for any given event, and to provide for criminal penalties for 
                               such acts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2015

Mrs. Blackburn (for herself, Mr. Cohen, Mr. Cooper, and Mr. DesJarlais) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prohibit, as an unfair and deceptive act or practice in commerce, 
the sale or use of certain software to circumvent control measures used 
   by Internet ticket sellers to ensure equitable consumer access to 
tickets for any given event, and to provide for criminal penalties for 
                               such acts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better On-line Ticket Sales Act of 
2014'' or the ``BOTS Act''.

SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO USE OF 
              TICKET ACCESS CIRCUMVENTION SOFTWARE.

    (a) Conduct Prohibited.--It shall be unlawful for any person--
            (1) to intentionally use or sell software to circumvent a 
        security measure, access control system, or other control or 
        measure on a ticket seller's Internet website that is used by 
        the seller to ensure equitable consumer access to tickets for 
        any given event; or
            (2) to sell any ticket in interstate commerce knowingly 
        obtained by that person or another in violation of paragraph 
        (1).
    (b) Federal Trade Commission Enforcement.--A violation of 
subsection (a) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). The Federal Trade Commission shall enforce this section 
in the same manner, by the same means, and with the same jurisdiction 
as though all applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a part of this Act.

SEC. 3. CIVIL ACTION.

    Any person who suffers injury as a result of another person's 
violation of subsection (a) of section 2, may bring a civil action 
against such person in a United States district court and may recover 
from such person damages for such injury plus $1,000 for each distinct 
use or sale of software in violation of paragraph (1) of such 
subsection or sale of a ticket in violation of paragraph (2) of such 
subsection that caused such injury, and reasonable attorneys' fees and 
costs.

SEC. 4. FRAUD IN USING OR SELLING TICKET ACCESS CIRCUMVENTION SOFTWARE.

    Chapter 47 of title 18, United States Code, is amended by adding at 
the end the following new section:
``Sec. 1041. Fraud in using or selling ticket access circumvention 
              software
    ``(a) Whoever--
            ``(1) intentionally uses or sells software to circumvent a 
        security measure, access control system, or other control or 
        measure on a ticket seller's Internet website that is used by 
        the seller to ensure equitable consumer access to tickets for 
        any given event, or
            ``(2) sells any ticket in interstate commerce knowingly 
        obtained by that person or another in violation of paragraph 
        (1),
shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense under subsection (a) shall be 
punished by a fine of the greater of--
            ``(1) not more than $100 for each distinct use or sale of 
        software in violation of paragraph (1) of subsection (a) or 
        sale of a ticket in violation of paragraph (2) of such 
        subsection, or
            ``(2) not more than $25,000,
or by imprisonment for not more than five years, or by both such fine 
and imprisonment.''.
                                 <all>