[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[Senate]
[Pages S6626-S6627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BETTER ONLINE TICKET SALES ACT OF 2016
Mr. DAINES. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 648, S. 3183.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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.
[[Page S6627]]
(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.
Mr. DAINES. I ask unanimous consent that the committee-reported
substitute amendment be agreed to, the bill, as amended, be considered
read a third time and passed, and the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 3183), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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