SF 2269 (LSB 5918XS (2) 90)

SENATE FILE 2269

BY  REICHMAN

A BILL FOR

An Act relating to the use or creation of bots to purchase event tickets on the internet, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554H.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Bot” means an automated software program that performs automatic and repetitive tasks and is designed to impersonate or replicate human activity on the internet. “Bot” does not include autofill or password management features built into an internet browser or provided through separate internet software.
   2.  “Event” means a concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity that is all of the following:
   a.  Open to the public.
   b.  Held in a public or private venue.
   c.  Requires payment of an admission fee to attend the event.
   3.  “Ticket” means a physical or electronic certificate, voucher, document, token, or other evidence of a right for admission to enter an event at one or more specified dates and times.
    Sec. 2.  NEW SECTION.  554H.2  Internet ticket sales.
   A person may not use or create a bot to do any of the following:
   1.  Purchase tickets in excess of eight tickets, or the posted limit if less than eight tickets, for any one internet ticket sale.
   2.  Use multiple internet protocol addresses, purchaser accounts, or electronic mail addresses to purchase tickets in excess of eight tickets, or the posted limit if less than eight tickets, for any one internet ticket sale.
   3.  Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an internet ticket sale.
   4.  Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry to an event.
    Sec. 3.  NEW SECTION.  554H.3  Enforcement —— penalties.
   1.  If the attorney general has reasonable belief that a person is in violation of this chapter, the attorney general has the sole authority to bring civil action to provide for all of the following:
   a.  Enjoinment of further violations by the person.
   b.  Enforcement of compliance with this chapter.
   c.  Assessment of civil penalties in an amount not more than ten thousand dollars for each violation of this chapter.
   d.  Other remedies permitted under law.
   2.  If the attorney general has reasonable belief that a person is in violation of an injunction issued under this section, the attorney general has the sole authority to bring civil action to provide for civil penalties in an amount not more than one hundred thousand dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use or creation of bots to purchase event tickets during internet sales. “Bot”, “event”, and “ticket” are defined by the bill.
   The bill prohibits a person from creating or using a bot to purchase tickets, or from using multiple internet protocol addresses, purchaser accounts, or electronic mail addresses to purchase tickets in excess of eight tickets, or the posted limit if less than eight tickets, for any one internet ticket sale. The bill also prohibits a person from creating or using a bot to circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system that is associated with an internet ticket sale, or from circumventing or disabling an access control system or other control or measure that is used to facilitate authorized entry to an event.
   If the attorney general has reasonable belief that a person is in violation of the bill, the attorney general may bring civil action to enjoin further violations by the person, enforce compliance with the bill, assess a civil penalty in an amount not more than $10,000 for each violation, and other remedies permitted by law. If the attorney general has reasonable belief that a person is in violation of an injunction issued under the bill, the attorney general may bring civil action to provide for civil penalties in an amount not more than $100,000.