IB 

Union Calendar No. 569 

114TH CONGRESS 

2D SESSION H. R. 5104 

[Report No. 114–733] 

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 for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2016 

Mrs. BLACKBURN (for herself, Mr. TONKO, Mr. BURGESS, Mr. ISRAEL, Mr. 

TIBERI, Mr. COHEN, Mr. DESJARLAIS, Mr. COOPER, Mr. BYRNE, Mr. 

NADLER, Mr. BISHOP of Michigan, Mr. COSTELLO of Pennsylvania, Ms. 

JENKINS of Kansas, Mr. HARPER, Mr. ROSS, and Mr. CA ́RDENAS) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

SEPTEMBER 9, 2016 

Additional sponsors: Mr. MCNERNEY, Mr. HUFFMAN, and Mrs. CAROLYN B. 

MALONEY of New York 

SEPTEMBER 9, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 28, 2016] 

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•HR 5104 RH

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 for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Sales Act of 2016’’ or the ‘‘BOTS Act’’. 

6 SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE7 LATING TO USE OF TICKET ACCESS CIR8 CUMVENTION SOFTWARE. 

9 (a) SALE OF SOFTWARE.—It shall be unlawful for any 

10 person to sell or offer to sell, in commerce, any computer 

11 software, or part thereof, that— 

12 (1) is primarily designed or produced for the 

13 purpose of circumventing a technological measure 

14 that limits purchases made via a computerized event 

15 ticketing system; 

16 (2) has only limited commercially significant 

17 purpose or use other than to circumvent a techno18 logical measure that limits purchases made via a 

19 computerized event ticketing system; or 

20 (3) is marketed by that person for use in circum21 venting a technological measure that limits purchases 

22 made via a computerized event ticketing system. 

23 (b) USE OF SOFTWARE.—It shall be unlawful for any 

24 person to use any computer software, or part thereof, de25 scribed in subsection (a) of this section, to purchase an 

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1 event ticket via a computerized event ticketing system in 

2 violation of the system operator’s posted limits on the se3 quence or number of transactions, frequency of transactions, 

4 or quantity of tickets purchased by a single user of the sys5 tem, or on the geographic location of any transactions. 

6 (c) RESALE OF TICKETS.—It shall be unlawful for any 

7 person to engage in the practice of reselling in commerce, 

8 event tickets acquired in violation of subsection (b) of this 

9 section if the person either— 

10 (1) participated directly in or had the ability to 

11 control the conduct in violation of subsection (b); or 

12 (2) knew or should have known that the event 

13 tickets were acquired in violation of subsection (b). 

14 (d) DEFINITIONS.—As used in this section— 

15 (1) the term ‘‘computerized event ticketing sys16 tem’’ means a system of selling event tickets, in com17 merce, via an online interactive computer system that 

18 effectively limits the sequence or number of ticket pur19 chase transactions, frequency of ticket purchase trans20 actions, quantity of tickets purchased, or geographic 

21 location of any ticket purchase transactions; 

22 (2) the term ‘‘event ticket’’ means a ticket enti23 tling one or more individuals to attend, in person, 

24 one or more events to occur on specific dates, times, 

25 and geographic locations; and 

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1 (3) to ‘‘circumvent a technological measure’’ 

2 means to avoid, bypass, remove, deactivate, or impair 

3 a technological measure, without the authority of the 

4 computerized event ticketing system operator. 

5 (e) RULE OF CONSTRUCTION.—Notwithstanding the 

6 prohibitions set forth in subsections (a) and (b), it shall 

7 not be unlawful under this section to create or use any com8 puter software, or part thereof, to— 

9 (1) investigate or further the enforcement or de10 fense of any alleged violation of this section; or 

11 (2) engage in research necessary to identify and 

12 analyze flaws and vulnerabilities of a computerized 

13 event ticketing system, if these research activities are 

14 conducted to advance the state of knowledge in the 

15 field of computer system security or to assist in the 

16 development of computer security products. 

17 (f) ENFORCEMENT BY THE FEDERAL TRADE COMMIS18 SION.—A violation of subsection (a), (b), or (c) shall be 

19 treated as an unfair and deceptive act or practice in viola20 tion of a regulation issued under section 18(a)(1)(B) of the 

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

22 (g) ENFORCEMENT BY STATES.— 

23 (1) AUTHORIZATION.—Subject to paragraph (2), 

24 in any case in which the attorney general of a State 

25 has reason to believe that an interest of the residents 

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1 of the State has been or is threatened or adversely af2 fected by a violation of subsection (a), (b), or (c), the 

3 attorney general of the State may, as parens patriae, 

4 bring a civil action on behalf of the residents of the 

5 State in an appropriate district court of the United 

6 States to obtain appropriate relief. 

7 (2) RIGHTS OF FEDERAL TRADE COMMISSION.— 

8 (A) NOTICE TO FTC.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (iii), the attorney general of a 

11 State shall notify the Federal Trade Com12 mission in writing that the attorney general 

13 intends to bring a civil action under para14 graph (1) before initiating the civil action 

15 against a person for a violation of sub16 section (a), (b), or (c). 

17 (ii) CONTENTS.—The notification re18 quired by clause (i) with respect to a civil 

19 action shall include a copy of the complaint 

20 to be filed to initiate the civil action. 

21 (iii) EXCEPTION.—If it is not feasible 

22 for the attorney general of a State to pro23 vide the notification required by clause (i) 

24 before initiating a civil action under para25 graph (1), the attorney general shall notify 

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1 the Commission immediately upon insti2 tuting the civil action. 

3 (B) INTERVENTION BY THE FTC.—The Fed4 eral Trade Commission may— 

5 (i) intervene in any civil action 

6 brought by the attorney general of a State 

7 under paragraph (1); and 

8 (ii) upon intervening, be heard on all 

9 matters arising in the civil action, and file 

10 petitions for appeal of a decision in the 

11 civil action. 

12 (3) PENDING ACTION BY THE FEDERAL TRADE

13 COMMISSION.—If the Federal Trade Commission in14 stitutes a civil action or an administrative action 

15 with respect to a violation of subsection (a), (b), or 

16 (c), the attorney general of a State may not, during 

17 the pendency of such action, bring a civil action 

18 under paragraph (1) against any defendant named in 

19 the complaint of the Commission for the violation 

20 with respect to which the Commission instituted such 

21 action. 

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Union Calendar No. 569 

114TH CONGRESS 

2D SESSION H. R. 5104 

[Report No. 114–733] 

A BILL 

To prohibit, as an unfair and deceptive act or pracfor other purposes. sumer access to tickets for any given event, and Internet ticket sellers to ensure equitable con- ware to circumvent control measures used by tice in commerce, the sale or use of certain softSEPTEMBER 9, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

mstockstill on DSK3G9T082PROD with BILLS