Establishes any person who utilizes an automated ticket purchasing device to navigate through ticket websites and bypass security measures, who supervises the operation of an automated ticket purchasing machine or who receives monetary gains from the operation of such machine shall be guilty of a class A misdemeanor; establishes any person who possesses automated ticket purchasing software shall be guilty of a class A misdemeanor.
BILL NUMBER: S4032A
TITLE OF BILL : An act to amend the arts and cultural affairs law, in relation to automated ticket purchasing software
PURPOSE OF THE BILL : The bill will prevent the use of automated ticket purchasing software that bypass security measures to purchase large quantities of tickets, thereby reducing the number of tickets available on first offering to the public.
SUMMARY OF PROVISIONS : Section 1 of the bill amends the arts and cultural law by adding a new section 23.25. Section 1 of the bill defines the term "automated ticket purchasing software". Paragraph 2 of the bill establishes utilizing automated ticket purchasing software shall be guilty of a violation. Paragraph 3 of the bill establishes that a person who supervises the operation of automated ticket purchasing software shall be guilty of a violation. Paragraph 4 of the bill establishes any person who possesses automated ticket purchasing software shall be guilty of a violation. Paragraph 5 of the bill establishes that any person that knowingly sells and/or exchanges in any manner, tickets purchased with automated ticket purchasing software within New York State shall be guilty of a violation. Paragraph 6 provides that for each violation of the provisions of this section shall be punishable by a fine not to exceed one thousand dollars. Paragraph 7 Authorizes the attorney general to enforce the provisions of this section.
JUSTIFICATION : In 2007 the Legislature passed a bill that was signed into law, which eliminated a prohibition on the resale of tickets at more than the premium face value. This has resulted in a proliferation of businesses and individuals that buy up large quantities of tickets at face value and resell them in a secondary market for a profit. These businesses and individuals use an automated device or computer software to navigate the primary website and buy up large quantities of tickets. This results in less tickets being available to the general public at the face-value price. Ticket websites such as "Ticketmaster" have attempted to avoid this practice by instituting security measures that attempt to thwart the automated software. These security measures include verification software such as "CAPTCHA" which uses a series of letters and numbers that are visually distorted in order to authenticate that the purchase is made by a human. unfortunately, as with most fraudulent activities, they have been successful in staying "one-step" ahead of the ticket companies and have developed more intelligent software and devices. In fact, "Ticketmaster" has recently been involved in a lawsuit against "RMG Technologies" which sells software that allows ticket brokers to gain fast buying access to the "Ticketmaster" website. This bill would make it illegal to use any software or device that seeks to bypass security measures in order to purchase large quantities of tickets for re-sale. This will result in more tickets being available to the public at the price intended by the vendor.
PRIOR LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS FOR STATE : None.
EFFECTIVE DATE : This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4032--A 2009-2010 Regular Sessions IN SENATE April 7, 2009 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the arts and cultural affairs law, in relation to auto- mated ticket purchasing software THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The arts and cultural affairs law is amended by adding a new section 23.25 to read as follows: S 23.25. AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM "AUTOMATED TICKET PURCHASING SOFTWARE" SHALL MEAN, 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 AND PURCHASE LARGE AMOUNTS OF TICKETS, IN EXCESS OF THE AMOUNTS PERMIT- TED BY THE RETAILER, ARTIST OR VENUES PER TRANSACTION, FOR PRIVATE RESALE. 2. ANY PERSON WHO UTILIZES AUTOMATED TICKET PURCHASING SOFTWARE TO PURCHASE TICKETS SHALL BE GUILTY OF A VIOLATION. 3. ANY PERSON WHO SUPERVISES THE OPERATION OF AUTOMATED TICKET PURCHASING SOFTWARE OR WHO RECEIVES ANY MONETARY GAINS FROM SUCH OPERA- TION SHALL BE GUILTY OF A VIOLATION. 4. ANY PERSON WHO POSSESSES AUTOMATED TICKET PURCHASING SOFTWARE SHALL BE GUILTY OF A VIOLATION. 5. ANY PERSON WHO KNOWINGLY SELLS AND/OR EXCHANGES IN ANY MANNER, TICKETS THAT WERE PURCHASED WITH AUTOMATED TICKET PURCHASING SOFTWARE WITHIN THE STATE OF NEW YORK SHALL BE GUILTY OF A VIOLATION. 6. A CONVICTION FOR EACH VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07216-12-9 S. 4032--A 2
7. THE ATTORNEY GENERAL SHALL HAVE JURISDICTION TO ENFORCE THE PROVISIONS OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO HIM OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW. S 2. This act shall take effect on the ninetieth day after it shall have become a law.