(3) to ‘‘circumvent a technological measure’’ 
means to avoid, bypass, remove, deactivate, or im-
pair a technological measure, without the authority 
of the computerized event ticketing system operator. 
(e) RULE OF CONSTRUCTION.—Notwithstanding the 
prohibitions set forth in subsections (a) and (b), it shall 
not be unlawful under this section to create or use any 
computer software, or part thereof, to— 
(1) investigate or further the enforcement or 
defense of any alleged violation of this section; or 
(2) engage in research necessary to identify and 
analyze flaws and vulnerabilities of a computerized 
event ticketing system, 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 products. 
(f) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.—A violation of subsection (a), (b), or (c) shall 
be treated as an unfair and deceptive act or practice in 
violation of a regulation issued under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(g) ENFORCEMENT BY STATES.— 
(1) AUTHORIZATION.—Subject to paragraph 
(2), 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 a violation of subsection (a), 
(b), or (c), 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 to obtain appropriate re-
lief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FTC.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Federal Trade Com-
mission in writing that the attorney gen-
eral intends to bring a civil action under 
paragraph (1) before initiating the civil ac-
tion against a person for a violation of 
subsection (a), (b), or (c). 
(ii) CONTENTS.—The notification re-
quired 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 pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
THE
FTC.—The 
Federal Trade Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening, be heard on all 
matters arising in the civil action, and file 
petitions for appeal of a decision in the 
civil action. 
(3) PENDING ACTION BY THE FEDERAL TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (a), (b), or 
(c), 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. 
Passed the House of Representatives September 12, 
2016. 
Attest: 
Clerk.
114TH CONGRESS 
2D SESSION 
H. R. 5104 
AN ACT 
To prohibit, as an unfair and deceptive act or prac-
tice in commerce, the sale or use of certain soft-
ware to circumvent control measures used by 
Internet ticket sellers to ensure equitable con-
sumer access to tickets for any given event, and 
for other purposes.