Senate Bill S6893

                                 BILL NUMBER:  S6893

 TITLE OF BILL :  An act to amend the penal law, in relation to
creating a criminal penalty for automated ticket purchasing software
in the first and second degrees

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will create criminal penalties for using a computer "bot" to
purchase tickets.

 SUMMARY OF SPECIFIC PROVISIONS :

1. Adds a new section to the penal law 165.75, using automated ticket
purchasing software is a Class A misdemeanor.

2. Adds a new section to the penal law 165.76, having an interest or
control of automated ticket purchasing software is a Class E felony.

3. Effective date.

 JUSTIFICATION :

This legislation will protect New York State consumers and allow for a
fair and competitive market for the sale of tickets. The use of
automated ticket purchasing software restrict the market availability
              

for the average individual and cause significantly higher prices for
consumers.

Using so-called computer "bots" provides an unfair advantage over
ordinary individuals by bypassing ticket websites security features.
Using and owning a "bot" to purchase tickets is already illegal.
However, current law provides for only monetary penalties for using
and owning automated ticketing purchasing software. Adding criminal
penalties and potential jail time to these crimes will deter
individuals from using such software.

In recent years, individuals have been creating and using automated
ticket purchasing software or "bots" to bypass security features and
purchase tickets in mass quantities for resale at highly inflated
prices. In fact, it is not unusual for certain concerts and events to
be completely "sold out" in a few minutes. Owners and users of this
ticket purchasing software then collect huge profits and limit the
availability of tickets purchased through the normal process. Tickets
for all types of events, such as concerts, plays, and sporting events,
have been subject to abuse by the "bot" users.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
After the 60th day it shall have become law