Prohibits the use or sale of computer software to circumvent security measures or access control systems that ensure equitable consumer access to tickets for a particular event

Section 2 amends the definition of automated ticket purchasing software to clarify that it includes software that on its own or with human assistance bypasses security measures and expands the definition to cover the bypassing of access control systems or other controls or measures used to ensure equitable consumer access to tickets 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. This section also increases civil penalties for knowingly utilizing this software. This section also creates civil penalties for reselling or offering to resell a ticket the reseller knows were obtained using the software. This section also amends the period for which a person subject to a civil penalty will be found guilty of a violation for such conduct from the previous five years to the previous three years.

Section 3 provides criminal penalties for those who utilize ticket purchasing software, maintain any interest or control of the operation of ticket purchasing software, or resell or offer to resell tickets that they know were obtained using such software.

Section 4 states the effective date.

Justification

Arts and Cultural Affairs Law § 25.23 currently requires that licensees make certain disclosures to consumers. This bill would require that ticket resale platforms also clearly and conspicuously disclose that they are resale platforms, their refund policies for events that are cancelled or postponed, and that resale prices may exceed established prices. This bill would also require that ticket resale platforms enable licensees and others to comply with existing law, which requires that licensees conspicuously display the established price of tickets they offer for sale.

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 purchasing 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 used to ensure equitable consumer access to tickets, 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 tickets.

Arts and Cultural Affairs Law § 25.24 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.

Arts and Cultural Affairs Law § 25.35 contains criminal penalties for unlawful activities associated with ticket sales. This bill would create criminal penalties in the form of imprisonment and/or fines for using "bots," maintaining an interest or control over the operation of "bots," and reselling or offering to resell tickets that the reseller knew were obtained using bots. The criminal penalties, including a class A misdemeanor or class E felony charge 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 the State.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided that the amendments to section 25.23 and 25.35 of the arts and cultural affairs law, made by sections one and three of this act, shall not affect the repeal of such article and shall be deemed repealed therewith.