Better On-line Ticket Sales Act of 2016

Bill: 114-hr-5104
Sponsor: Rep. Blackburn, Marsha [R-TN-7]
Introduced: 2016-04-28 in the House
Policy area: Commerce
Subjects: Civil actions and liability
Competition and antitrust
Computers and information technology
Consumer affairs
Internet and video services
Internet, web applications, social media
Legal fees and court costs
Retail and wholesale trades

Summary:
action_date: 2016-04-28
text: 

Better On-line Ticket Sales Act of 2016 or the BOTS Act

 
This bill prohibits: (1) intentionally using or selling software to circumvent a security measure, access control system, or other control or measure on a ticket seller's Internet website that is used by the seller to ensure equitable consumer access to tickets for any given event; or (2) selling any ticket in interstate commerce knowingly obtained in violation of such prohibition.
 
The Federal Trade Commission shall enforce against violations of such prohibitions, which shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. A person who suffers injury as a result of a violation of these prohibitions may bring a civil action for damages plus $1,000 for each distinct use or sale of software, or sale of a ticket, that caused such injury and reasonable attorney's fees. 

action_date: 2016-09-09
text: 

Better On-line Ticket Sales Act of 2016 or the BOTS Act

 
(Sec. 2) This bill prohibits the sale of computer software that: (1) is primarily designed to circumvent technology that limits purchases made via an online ticket selling system, (2) has only a limited commercially significant purpose other than for such circumvention, or (3) is marketed to use for such circumvention.
 
The bill also prohibits the use of such circumvention software in violation of a system operator's posted limits on: (1) the quantity of tickets purchased by a single user; (2) the sequence, number, or frequency of transactions; or (3) the geographic location of transactions. 
 
In addition, the bill makes it unlawful to resell in commerce tickets that were acquired through such a prohibited use of circumvention software if the reseller participated in, had the ability to control, or should have known about the violation.
 
It shall not be unlawful, however, to create or use software to: (1) investigate or further the enforcement or defense of any alleged violation of this bill, or (2) identify and analyze flaws and vulnerabilities of a computerized event ticketing system if these 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.
 
Violations shall be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act.
 
The Federal Trade Commission and state attorneys general may enforce against violations.

action_date: 2016-09-12
text: 
(This measure has not been amended since it was reported to the House on September 9, 2016. The summary of that version is repeated here.)
 

Better On-line Ticket Sales Act of 2016 or the BOTS Act

 
(Sec. 2) This bill prohibits the sale of computer software that: (1) is primarily designed to circumvent technology that limits purchases made via an online ticket selling system, (2) has only a limited commercially significant purpose other than for such circumvention, or (3) is marketed to use for such circumvention.
 
The bill also prohibits the use of such circumvention software in violation of a system operator's posted limits on: (1) the quantity of tickets purchased by a single user; (2) the sequence, number, or frequency of transactions; or (3) the geographic location of transactions. 
 
In addition, the bill makes it unlawful to resell in commerce tickets that were acquired through such a prohibited use of circumvention software if the reseller participated in, had the ability to control, or should have known about the violation.
 
It shall not be unlawful, however, to create or use software to: (1) investigate or further the enforcement or defense of any alleged violation of this bill, or (2) identify and analyze flaws and vulnerabilities of a computerized event ticketing system if these 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.
 
Violations shall be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act.
 
The Federal Trade Commission and state attorneys general may enforce against violations.


Legislative actions:
action_date: 2016-09-13
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2016-09-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-09-12
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5292-5293)
action_date: 2016-09-12
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5292-5293)
action_date: 2016-09-12
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5104.
action_date: 2016-09-12
text: Considered under suspension of the rules. (consideration: CR H5292-5295)
action_date: 2016-09-12
text: Mr. Burgess moved to suspend the rules and pass the bill, as amended.
action_date: 2016-09-09
text: Placed on the Union Calendar, Calendar No. 569.
action_date: 2016-09-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-733.
action_date: 2016-09-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-733.
action_date: 2016-07-13
text: Ordered to be Reported by Voice Vote.
action_date: 2016-07-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-07-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-06-09
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2016-06-09
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2016-06-08
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2016-04-29
text: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
action_date: 2016-04-28
text: Referred to the House Committee on Energy and Commerce.
action_date: 2016-04-28
text: Introduced in House
action_date: 2016-04-28
text: Introduced in House