MAIN Event Ticketing Act · Introduced in Senate (2025-01-22) · Congress.wiki

S. 196

119th CONGRESS 1st Session

To improve online ticket sales and protect consumers, and for other purposes.

IN THE SENATE OF THE UNITED STATES · January 22, 2025 · Sponsor: Mrs. Blackburn · Committee: Committee on Commerce, Science, and Transportation

S. 196
- SEC. 1. Short title
- SEC. 2. Strengthening the BOTS Act

SEC. 1. Short title

This Act may be cited as the or the .

SEC. 2. Strengthening the BOTS Act

(a) In general
- Section 2 of the Better Online Ticket Sales Act of 2016 () is amended— 15 U.S.C. 45c
- In general
  - in subsection (a)(1)—
    - in subparagraph (A), by striking and inserting a semicolon;
    - in subparagraph (B), by striking the period at the end and inserting ; and
      - to use or cause to be used an application that performs automated tasks to purchase event tickets from an Internet website or online service in circumvention of posted online ticket purchasing order rules of the Internet website or online service, including a software application that circumvents an access control system, security measure, or other technological control or measure.
    - by adding at the end the following new subparagraph:
  - by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
    - (b) Requiring online ticket issuers To put in place site policies and establish safeguards To protect site security
      - (1) Requirement to enforce site policies
        
        Each ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets shall ensure that such website or service has in place an access control system, security measure, or other technological control or measure to enforce posted event ticket purchasing limits.
      - (2) Requirement to establish site security safeguards
        
        (A) In general
        
        Each ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets shall establish, implement, and maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, integrity, or availability of the website or service.
        
        (B) Considerations
        
        In establishing the safeguards described in subparagraph (A), each ticket issuer described in such paragraph shall consider—
        
        (i) the administrative, technical, and physical safeguards that are appropriate to the size and complexity of the ticket issuer;
        
        (ii) the nature and scope of the activities of the ticket issuer;
        
        (iii) the sensitivity of any customer information at issue; and
        
        (iv) the range of security risks and vulnerabilities that are reasonably foreseeable or known to the ticket issuer.
        
        (C) Third parties and service providers
        
        (i) Where applicable, a ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets shall implement and maintain procedures to require that any third party or service provider that performs services with respect to the sale of event tickets or has access to data regarding event ticket purchasing on the website or service maintains reasonable administrative, technical, and physical safeguards to protect the security and integrity of the website or service and that data.
        
        (ii) The procedures implemented and maintained by a ticket issuer in accordance with clause (i) shall include the following:
        
        Taking reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the customer information at issue.
        
        Requiring service providers by contract to implement and maintain adequate safeguards.
        
        Periodically assessing service providers based on the risk they present and the continued adequacy of their safeguards.
        
        (D) Updates
        
        A ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets shall regularly evaluate and make adjustments to the safeguards described in subparagraph (A) in light of any material changes in technology, internal or external threats to system security, confidentiality, integrity, and availability, and the changing business arrangements or operations of the ticket issuer.
      - (3) Requirement to report incidents of circumvention; consumer complaints
        
        Requirement to report incidents of circumvention; consumer complaints
        
        (A) In general
        
        A ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets shall report to the Commission any incidents of circumvention of which the ticket issuer has actual knowledge.
        
        (B) Consumer complaint website
        
        Not later than 180 days after the date of enactment of the , the Commission shall create a publicly available website (or modify an existing publicly available website of the Commission) to allow individuals to report violations of this subsection to the Commission.
        
        (C) Reporting timeline and process
        
        (i) A ticket issuer shall report known incidents of circumvention within a reasonable period of time after the incident of circumvention is discovered by the ticket issuer, and in no case later than 30 days after an incident of circumvention is discovered by the ticket issuer.
        
        (ii) The Commission may establish a reporting mechanism to provide for the automatic submission of reports required under this subsection.
        
        (iii) The Commission shall—
        
        share reports received from ticket issuers under subparagraph (A) with State attorneys general as appropriate; and
        
        share consumer complaints submitted through the website established under subparagraph (B) with State attorneys general as appropriate.
      - (4) Duty to address causes of circumvention
        
        A ticket issuer that owns or operates an Internet website or online service that facilitates or executes the sale of event tickets must take reasonable steps to improve its access control systems, security measures, and other technological controls or measures to address any incidents of circumvention of which the ticket issuer has actual knowledge.
      - (5) FTC guidance
        
        Not later than 1 year after the date of enactment of the , the Commission shall publish guidance for ticket issuers on compliance with the requirements of this subsection.
  - by inserting after subsection (a) the following new subsection:
  - in subsection (c), as redesignated by paragraph (1) of this subsection—
    - by striking each place it appears and inserting subsection (a) or (b);
    - in paragraph (2)—
      - (i) in subparagraph (A), by striking The Commissionand inserting Except as provided in paragraph (3), the Commission; and
      - (ii) in subparagraph (B), by striking Any personand inserting Subject to paragraph (3), any person; and
      - (3) Civil action
        
        (A) In general
        
        If the Commission has reason to believe that any person has committed a violation of subsection (a) or (b), the Commission may bring a civil action in an appropriate district court of the United States to—
        
        (i) recover a civil penalty under paragraph (4); and
        
        (ii) seek other appropriate relief, including injunctive relief and other equitable relief.
        
        (B) Litigation authority
        
        Except as otherwise provided in section 16(a)(3) of the Federal Trade Commission Act (), the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, any civil action authorized under this paragraph and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law. 15 U.S.C. 56(a)(3)
        
        (C) Rule of construction
        
        Any civil penalty or relief sought through a civil action under this paragraph shall be in addition to other penalties and relief as may be prescribed by law.
      - (4) Civil penalties
        
        (A) In general
        
        Any person who violates subsection (a) or (b) shall be liable for—
        
        (i) a civil penalty of not less than $10,000 for each day during which the violation occurs or continues to occur; and
        
        (ii) an additional civil penalty of not less than $1,000 per violation.
        
        (B) Enhanced civil penalty for intentional violations
        
        In addition to the civil penalties under subparagraph (A), a person that intentionally violates subsection (a) or (b) shall be liable for a civil penalty of not less than $10,000 per violation.
    - by adding at the end the following new paragraphs:
  - in subsection (d), as redesignated by paragraph (1) of this subsection, by striking each place it appears and inserting subsection (a) or (b); and
  - by adding at the end the following new subsections:
    - (e) Law enforcement coordination
      - (1) In general
        
        The Federal Bureau of Investigation, the Department of Justice, and other relevant State or local law enforcement officials shall coordinate as appropriate with the Commission to share information about known instances of cyberattacks on security measures, access control systems, or other technological controls or measures on an Internet website or online service that are used by ticket issuers to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules. Such coordination may include providing information about ongoing investigations but may exclude classified information or information that could compromise a law enforcement or national security effort, as appropriate.
        
        In general
      - (2) Cyberattack defined
        
        In this paragraph, the term cyberattack means an attack, via cyberspace, targeting an enterprise’s use of cyberspace for the purpose of—
        
        disrupting, disabling, destroying, or maliciously controlling a computing environment or computing infrastructure; or
        
        destroying the integrity of data or stealing controlled information.
    - (f) Congressional report
      - Not later than 1 year after the date of enactment of this paragraph, the Commission shall report to Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of enforcement actions taken pursuant to this Act, as well as any identified limitations to the Commission’s ability to pursue incidents of circumvention described in subsection (a)(1)(A).
(b) Additional definition
- Section 3 of the Better Online Ticket Sales Act of 2016 ( note) is amended by adding at the end the following new paragraph: 15 U.S.C. 45c
  - (4) Circumvention
    - The term circumvention means the act of avoiding, bypassing, removing, deactivating, or otherwise impairing an access control system, security measure, safeguard, or other technological control or measure described in section 2(b)(1).

S. 196

Table of contents

SEC. 1. Short title

SEC. 2. Strengthening the BOTS Act