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A10713 Summary:

BILL NOA10713
 
SAME ASSAME AS S08123
 
SPONSORCrespo
 
COSPNSRZebrowski, Rosenthal, Lopez
 
MLTSPNSR
 
Amd §25.24, Arts & Cul L
 
Relates to automated ticket purchasing software.
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A10713 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10713           REVISED MEMO 06/15/2016
 
SPONSOR: Rules (Crespo)
  TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to automated ticket purchasing software   PURPOSE: This bill would strengthen civil penalties and create a new criminal penalty within the arts and cultural affairs law for the use of ticket purchasing software, also known as "bots."   SUMMARY OF PROVISIONS: Section 1 amends the definition of automated ticket purchasing software to clarify that the term covers software that functions either on its own or with human assistance, and to expand the definition to include software that bypasses security measures of access control systems or other controls and measures that assist in implementing a limit on the number of tickets that can be purchased on a retail ticket purchasing platform. The term retail ticket purchasing software platform is defined. This section also makes it unlawful for ticket resellers to resell or offer to resell tickets that they know were obtained using ticket purchasing software if not obtained for their own use or those of their invitees, employees or agents. This section also increases civil penalties for knowingly utilizing software and intentionally maintaining any interest or control of this software. This section would also estab- lish a new civil penalty for the selling and reselling of tickets obtained using ticket purchasing software. This section also amends the period for which a person subject to a civil penalty will be found guil- ty of a violation for such conduct from the previous five years to the previous three years. This section also creates a class A misdemeanor criminal penalty for persons who engage in the above conduct unless the "bots" tickets were obtained for their own use or the use of their invi- tees, employees or agents. Section 2 states the effective date.   JUSTIFICATION: Arts and Cultural Affairs Law § 25.24 currently defines automated ticket purchasing software as any machine, device, computer program or computer software that navigates or runs automated tasks on retail ticket purchasing websites in order to bypass security measures to purchase tickets. These software programs are commonly referred to as "bots." This bill would revise this definition to address the wide variety of ticket "bots" that are used. The bill would clarify that ticket purchas- ing software encompasses any machine, device, computer program, or computer software that functions on its own or with human assistance. The bill would also expand the definition of ticket purchasing software to include ticket "bots" that attempt to bypass access control systems or other controls or measures that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets. The bill would also clarify that the law's coverage includes retail ticket purchasing websites and applications, and expands the law's scope to include phone systems and other technology platforms used to sell tick- ets. Arts and Cultural Affairs Law § 2524 currently provides civil penalties for utilizing this software or intentionally maintaining any interest in or control of the operation of this software. However, this section does not provide civil penalties for conduct that is common, i.e. reselling or offering to resell tickets that the reseller knows were obtained using such software. This bill would make it unlawful to resell or offer to resell tickets with knowledge that the tickets were purchased using ticket purchasing software. This bill would create criminal penalties in the form of imprisonment and/or fines for using "bots," maintaining interest in or control of "bots" and selling tickets knowingly obtained with "bots" in certain circumstances. The criminal penalty of a class A misdemeanor, and associated criminal fines, can help deter those who use or control "bots" or resell tickets procured with "bots" and allow for a more equitable ticket buying process.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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