Blackburn bill would thwart scalpers, make hacking of ticketing websites a federal crime

Bipartisan legislation introduced by U.S. Rep. Marsha Blackburn (R-TN) on Friday would make it a crime to use computer hacking software to sidestep security on ticketing websites.

The Better Online Ticket Sales (BOTS) Act, H.R. 5104, introduced by Blackburn and U.S. Rep. Paul Tonko (D-NY), would make the practice of hacking ticketing sites illegal under Title 18 of U.S. Code.

“Scalpers have been taking advantage of computer hacking software to circumvent restrictions put in place by online ticketing agents for years,” Blackburn said. “They purchase tickets in mass quantities and sell them at a drastically inflated rate, which unfairly prices most fans of live entertainment out of the market. The entertainers go to great lengths to build relationships with their fans and ensure that they will have access to shows, but scalpers are decimating this experience. The BOTS Act will allow FTC enforcement and a private right of action to be brought against proven online scalpers. It is time to end these anti-consumer tactics and level the online ticket playing field for fans of live entertainment.”

The legislation would also establish a private right of action to enable those who are harmed by the hacking of online ticket sales to sue in federal court to recover damages.

“People work hard and save money to see a performance or a game, and they shouldn’t be prohibited from buying a ticket online because a computer program beats them to the punch,” Tonko said. “It’s not right. This legislation puts a stop to this unseemly practice at its root, prohibiting use or sale of BOT software and empowering consumers to fight back against price manipulators in the ticket industry. I thank Rep. Blackburn for her leadership on this issue, as well as New York Attorney General Eric Schneiderman, who has already begun to crack down on this problem at the state level.”