I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Better On-line Ticket 

3 Sales Act of 2014’’ or the ‘‘BOTS Act’’. 

4 SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE5 LATING TO USE OF TICKET ACCESS CIR6 CUMVENTION SOFTWARE. 

7 (a) CONDUCT PROHIBITED.—It shall be unlawful for 

8 any person— 

9 (1) to intentionally use or sell software to cir10 cumvent a security measure, access control system, 

11 or other control or measure on a ticket seller’s Inter12 net website that is used by the seller to ensure equi13 table consumer access to tickets for any given event; 

14 or 

15 (2) to sell any ticket in interstate commerce 

16 knowingly obtained by that person or another in vio17 lation of paragraph (1). 

18 (b) FEDERAL TRADE COMMISSION ENFORCE19 MENT.—A violation of subsection (a) shall be treated as 

20 a violation of a rule defining an unfair or deceptive act 

21 or practice prescribed under section 18(a)(1)(B) of the 

22 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

23 The Federal Trade Commission shall enforce this section 

24 in the same manner, by the same means, and with the 

25 same jurisdiction as though all applicable terms and proviVerDate Sep 11 2014 02:21 Feb 11, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H708.IH H708

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1 sions of the Federal Trade Commission Act were incor2 porated into and made a part of this Act. 

3 SEC. 3. CIVIL ACTION. 

4 Any person who suffers injury as a result of another 

5 person’s violation of subsection (a) of section 2, may bring 

6 a civil action against such person in a United States dis7 trict court and may recover from such person damages 

8 for such injury plus $1,000 for each distinct use or sale 

9 of software in violation of paragraph (1) of such sub10 section or sale of a ticket in violation of paragraph (2) 

11 of such subsection that caused such injury, and reasonable 

12 attorneys’ fees and costs. 

13 SEC. 4. FRAUD IN USING OR SELLING TICKET ACCESS CIR14 CUMVENTION SOFTWARE. 

15 Chapter 47 of title 18, United States Code, is amend16 ed by adding at the end the following new section: 

17 ‘‘§ 1041. Fraud in using or selling ticket access cir18 cumvention software 

19 ‘‘(a) Whoever— 

20 ‘‘(1) intentionally uses or sells software to cir21 cumvent a security measure, access control system, 

22 or other control or measure on a ticket seller’s Inter23 net website that is used by the seller to ensure equi24 table consumer access to tickets for any given event, 

25 or 


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1 ‘‘(2) sells any ticket in interstate commerce 

2 knowingly obtained by that person or another in vio3 lation of paragraph (1), 

4 shall be punished as provided in subsection (b). 

5 ‘‘(b) The punishment for an offense under subsection 

6 (a) shall be punished by a fine of the greater of— 

7 ‘‘(1) not more than $100 for each distinct use 

8 or sale of software in violation of paragraph (1) of 

9 subsection (a) or sale of a ticket in violation of para10 graph (2) of such subsection, or 

11 ‘‘(2) not more than $25,000, 

12 or by imprisonment for not more than five years, or by 

13 both such fine and imprisonment.’’. 

Æ 


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