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.