[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3183 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 648
114th CONGRESS
  2d Session
                                S. 3183

  To prohibit the circumvention of control measures used by Internet 
 ticket sellers to ensure equitable consumer access to tickets for any 
                  given event, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

Mr. Moran (for himself, Mr. Schumer, Mrs. Fischer, Mr. Blumenthal, Mr. 
Nelson, Ms. Klobuchar, and Ms. Cantwell) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 27, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To prohibit the circumvention of control measures used by Internet 
 ticket sellers to ensure equitable consumer access to tickets for any 
                  given event, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Better Online Ticket Sales 
Act of 2016'' or the ``BOTS Act of 2016''.</DELETED>

<DELETED>SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO 
              CIRCUMVENTION OF TICKET ACCESS CONTROL 
              MEASURES.</DELETED>

<DELETED>    (a) Conduct Prohibited.--It shall be unlawful for any 
person--</DELETED>
        <DELETED>    (1) to knowingly circumvent a security measure, 
        access control system, or other control or measure on an 
        Internet website of a ticket issuer that is used by the ticket 
        issuer to enforce event ticket purchasing limits or to maintain 
        the integrity of online ticket purchasing order rules; 
        or</DELETED>
        <DELETED>    (2) to offer for sale any event ticket in 
        interstate commerce knowingly obtained in violation of 
        paragraph (1).</DELETED>
<DELETED>    (b) Enforcement by the Federal Trade Commission.--
</DELETED>
        <DELETED>    (1) Unfair or deceptive acts or practices.--A 
        violation of subsection (a) shall be treated as a violation of 
        a rule defining an unfair or a deceptive act or practice under 
        section 18(a)(1)(B) of the Federal Trade Commission Act (15 
        U.S.C. 57a(a)(1)(B)).</DELETED>
        <DELETED>    (2) Powers of commission.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall 
                enforce this section in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this 
                section.</DELETED>
                <DELETED>    (B) Privileges and immunities.--Any person 
                who violates subsection (a) shall be subject to the 
                penalties and entitled to the privileges and immunities 
                provided in the Federal Trade Commission Act (15 U.S.C. 
                41 et seq.).</DELETED>
<DELETED>    (c) Enforcement by States.--</DELETED>
        <DELETED>    (1) In general.--In any case in which the attorney 
        general of a State has reason to believe that an interest of 
        the residents of the State has been or is threatened or 
        adversely affected by the engagement of any person subject to 
        subsection (a) in a practice that violates such subsection, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action on behalf of the residents of the State in an 
        appropriate district court of the United States--</DELETED>
                <DELETED>    (A) to enjoin further violation of such 
                subsection by such person;</DELETED>
                <DELETED>    (B) to compel compliance with such 
                subsection; and</DELETED>
                <DELETED>    (C) to obtain damages, restitution, or 
                other compensation on behalf of such 
                residents.</DELETED>
        <DELETED>    (2) Rights of federal trade commission.--
        </DELETED>
                <DELETED>    (A) Notice to federal trade commission.--
                </DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (iii), the attorney general 
                        of a State shall notify the Commission in 
                        writing that the attorney general intends to 
                        bring a civil action under paragraph (1) not 
                        later than 10 days before initiating the civil 
                        action.</DELETED>
                        <DELETED>    (ii) Contents.--The notification 
                        required by clause (i) with respect to a civil 
                        action shall include a copy of the complaint to 
                        be filed to initiate the civil 
                        action.</DELETED>
                        <DELETED>    (iii) Exception.--If it is not 
                        feasible for the attorney general of a State to 
                        provide the notification required by clause (i) 
                        before initiating a civil action under 
                        paragraph (1), the attorney general shall 
                        notify the Commission immediately upon 
                        instituting the civil action.</DELETED>
                <DELETED>    (B) Intervention by federal trade 
                commission.--The Commission may--</DELETED>
                        <DELETED>    (i) intervene in any civil action 
                        brought by the attorney general of a State 
                        under paragraph (1); and</DELETED>
                        <DELETED>    (ii) upon intervening--</DELETED>
                                <DELETED>    (I) be heard on all 
                                matters arising in the civil action; 
                                and</DELETED>
                                <DELETED>    (II) file petitions for 
                                appeal of a decision in the civil 
                                action.</DELETED>
        <DELETED>    (3) Investigatory powers.--Nothing in this 
        subsection may be construed to prevent the attorney general of 
        a State from exercising the powers conferred on the attorney 
        general by the laws of the State to conduct investigations, to 
        administer oaths or affirmations, or to compel the attendance 
        of witnesses or the production of documentary or other 
        evidence.</DELETED>
        <DELETED>    (4) Preemptive action by federal trade 
        commission.--If the Commission institutes a civil action or an 
        administrative action with respect to a violation of subsection 
        (a), the attorney general of a State may not, during the 
        pendency of such action, bring a civil action under paragraph 
        (1) against any defendant named in the complaint of the 
        Commission for the violation with respect to which the 
        Commission instituted such action.</DELETED>
        <DELETED>    (5) Venue; service of process.--</DELETED>
                <DELETED>    (A) Venue.--Any action brought under 
                paragraph (1) may be brought in--</DELETED>
                        <DELETED>    (i) the district court of the 
                        United States that meets applicable 
                        requirements relating to venue under section 
                        1391 of title 28, United States Code; 
                        or</DELETED>
                        <DELETED>    (ii) another court of competent 
                        jurisdiction.</DELETED>
                <DELETED>    (B) Service of process.--In an action 
                brought under paragraph (1), process may be served in 
                any district in which the defendant--</DELETED>
                        <DELETED>    (i) is an inhabitant; or</DELETED>
                        <DELETED>    (ii) may be found.</DELETED>
        <DELETED>    (6) Actions by other state officials.--</DELETED>
                <DELETED>    (A) In general.--In addition to civil 
                actions brought by attorneys general under paragraph 
                (1), any other consumer protection officer of a State 
                who is authorized by the State to do so may bring a 
                civil action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to civil actions brought by attorneys 
                general.</DELETED>
                <DELETED>    (B) Savings provision.--Nothing in this 
                subsection may be construed to prohibit an authorized 
                official of a State from initiating or continuing any 
                proceeding in a court of the State for a violation of 
                any civil or criminal law of the State.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Commission.--The term ``Commission'' means the 
        Federal Trade Commission.</DELETED>
        <DELETED>    (2) Event.--The term ``event'' means any concert, 
        theatrical performance, sporting event, show, or similarly 
        scheduled activity, taking place in a venue with a seating or 
        attendance capacity exceeding 200 persons that--</DELETED>
                <DELETED>    (A) is open to the general public; 
                and</DELETED>
                <DELETED>    (B) is promoted, advertised, or marketed 
                in interstate commerce or for which event tickets are 
                generally sold or distributed in interstate 
                commerce.</DELETED>
        <DELETED>    (3) Event ticket.--The term ``event ticket'' means 
        any physical, electronic, or other form of a certificate, 
        document, voucher, token, or other evidence indicating that the 
        bearer, possessor, or person entitled to possession through 
        purchase or otherwise has--</DELETED>
                <DELETED>    (A) a right, privilege, or license to 
                enter an event venue or occupy a particular seat or 
                area in an event venue with respect to one or more 
                events; or</DELETED>
                <DELETED>    (B) an entitlement to purchase such a 
                right, privilege, or license with respect to one or 
                more future events.</DELETED>
        <DELETED>    (4) Ticket issuer.--The term ``ticket issuer'' 
        means any person who makes event tickets available, directly or 
        indirectly, to the general public, and may include--</DELETED>
                <DELETED>    (A) the operator of the venue;</DELETED>
                <DELETED>    (B) the sponsor or promoter of an 
                event;</DELETED>
                <DELETED>    (C) a sports team participating in an 
                event or a league whose teams are participating in an 
                event;</DELETED>
                <DELETED>    (D) a theater company, musical group, or 
                similar participant in an event; and</DELETED>
                <DELETED>    (E) an agent for any such 
                person.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better Online Ticket Sales Act of 
2016'' or the ``BOTS Act of 2016''.

SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO 
              CIRCUMVENTION OF TICKET ACCESS CONTROL MEASURES.

    (a) Conduct Prohibited.--
            (1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person--
                    (A) to circumvent a security measure, access 
                control system, or other technological control or 
                measure on an Internet website or online service that 
                is used by the ticket issuer to enforce posted event 
                ticket purchasing limits or to maintain the integrity 
                of posted online ticket purchasing order rules; or
                    (B) to sell or offer to sell any event ticket in 
                interstate commerce obtained in violation of 
                subparagraph (A) if the person selling or offering to 
                sell the ticket either--
                            (i) participated directly in or had the 
                        ability to control the conduct in violation of 
                        subparagraph (A); or
                            (ii) knew or should have known that the 
                        event ticket was acquired in violation of 
                        subparagraph (A).
            (2) Exception.--It shall not be unlawful under this section 
        for a person to create or use any computer software or system--
                    (A) to investigate, or further the enforcement or 
                defense, of any alleged violation of this section or 
                other statute or regulation; or
                    (B) to engage in research necessary to identify and 
                analyze flaws and vulnerabilities of measures, systems, 
                or controls described in paragraph (1)(A), if these 
                research activities are conducted to advance the state 
                of knowledge in the field of computer system security 
                or to assist in the development of computer security 
                product.
    (b) Enforcement by the Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) shall be treated as a violation of a rule 
        defining an unfair or a deceptive act or practice under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates subsection (a) shall be subject to the 
                penalties and entitled to the privileges and immunities 
                provided in the Federal Trade Commission Act (15 U.S.C. 
                41 et seq.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Federal Trade Commission under any other provision of 
                law.
    (c) Enforcement by States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of the State has been or is threatened or adversely 
        affected by the engagement of any person subject to subsection 
        (a) in a practice that violates such subsection, the attorney 
        general of the State may, as parens patriae, bring a civil 
        action on behalf of the residents of the State in an 
        appropriate district court of the United States--
                    (A) to enjoin further violation of such subsection 
                by such person;
                    (B) to compel compliance with such subsection; and
                    (C) to obtain damages, restitution, or other 
                compensation on behalf of such residents.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) not later than 10 
                        days before initiating the civil action.
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by federal trade commission.--The 
                Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Preemptive action by federal trade commission.--If the 
        Commission institutes a civil action or an administrative 
        action with respect to a violation of subsection (a), the 
        attorney general of a State may not, during the pendency of 
        such action, bring a civil action under paragraph (1) against 
        any defendant named in the complaint of the Commission for the 
        violation with respect to which the Commission instituted such 
        action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other consumer protection officer of a State who is 
                authorized by the State to do so may bring a civil 
                action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to civil actions brought by attorneys 
                general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Event.--The term ``event'' means any concert, 
        theatrical performance, sporting event, show, or similarly 
        scheduled activity, taking place in a venue with a seating or 
        attendance capacity exceeding 200 persons that--
                    (A) is open to the general public; and
                    (B) is promoted, advertised, or marketed in 
                interstate commerce or for which event tickets are 
                generally sold or distributed in interstate commerce.
            (3) Event ticket.--The term ``event ticket'' means any 
        physical, electronic, or other form of a certificate, document, 
        voucher, token, or other evidence indicating that the bearer, 
        possessor, or person entitled to possession through purchase or 
        otherwise has--
                    (A) a right, privilege, or license to enter an 
                event venue or occupy a particular seat or area in an 
                event venue with respect to one or more events; or
                    (B) an entitlement to purchase such a right, 
                privilege, or license with respect to one or more 
                future events.
            (4) Ticket issuer.--The term ``ticket issuer'' means any 
        person who makes event tickets available, directly or 
        indirectly, to the general public, and may include--
                    (A) the operator of the venue;
                    (B) the sponsor or promoter of an event;
                    (C) a sports team participating in an event or a 
                league whose teams are participating in an event;
                    (D) a theater company, musical group, or similar 
                participant in an event; and
                    (E) an agent for any such person.
                                                       Calendar No. 648

114th CONGRESS

  2d Session

                                S. 3183

_______________________________________________________________________

                                 A BILL

  To prohibit the circumvention of control measures used by Internet 
 ticket sellers to ensure equitable consumer access to tickets for any 
                  given event, and for other purposes.

_______________________________________________________________________

                           September 27, 2016

                       Reported with an amendment