,i #aaith ,,congress #ast ,session ,h4 ,r4 #bgac ,,in ,,the ,,house ,,of ,,representatives ,april #h1 #bjbe,mrs4 ,harshbarger 7for herself and ,mr4 ,carter of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to improve online ticket sales and protect consumers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mitigating ,automated ,internet ,networks for ,event ,ticketing ,act or the ,,main ,event ,ticketing ,act4 #b4 ,strengthening the ,,bots ,act 7a7 ,in general ,section #b of the ,better ,online ,ticket ,sales ,act of #bjaf 7#ae ,u4,s4,c4 #de;c7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 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 service1 including a software application that circumvents an access control system1 security measure1 or other technological control or measure4 2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7#c7 by inserting after subsection 7a7 the following new subsection3 7b7 ,requiring online ticket issuers ,to put in place site policies and establish safeguards ,to protect site security 7#a7 ,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 system1 security measure1 or other technological control or measure to enforce posted event ticket purchasing limits4 7#b7 ,requirement to establish site security safeguards 7,a7 ,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 establish1 implement1 and maintain reasonable administrative1 technical1 and physical safeguards to protect the security1 confidentiality1 integrity1 or availability of the website or service4 7,b7 ,considerations ,in establishing the safeguards described in subparagraph 7,a71 each ticket issuer described in such paragraph shall consider-- 7i7 the administrative1 technical1 and physical safeguards that are appropriate to the size and complexity of the ticket issuer2 7ii7 the nature and scope of the activities of the ticket issuer2 7iii7 the sensitivity of any customer information at issue2 and 7iv7 the range of security risks and vulnerabilities that are reasonably foreseeable or known to the ticket issuer4 7,c7 ,third parties and service providers 7i7 ,in general ,where applicable1 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 administrative1 technical1 and physical safeguards to protect the security and integrity of the website or service and that data4 7ii7 ,oversight procedure requirements ,the procedures implemented and maintained by a ticket issuer in accordance with clause 7i7 shall include the following3 7,i7 ,taking reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the customer information at issue4 7,,ii7 ,requiring service providers by contract to implement and maintain adequate safeguards4 7,,iii7 ,periodically assessing service providers based on the risk they present and the continued adequacy of their safeguards4 7,d7 ,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 7,a7 in light of any material changes in technology1 internal or external threats to system security1 confidentiality1 integrity1 and availability1 and the changing business arrangements or operations of the ticket issuer4 7#c7 ,requirement to report incidents of circumvention2 consumer complaints 7,a7 ,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 knowledge4 7,b7 ,consumer complaint website ,not later than #ahj days after the date of enactment of the ,mitigating ,automated ,internet ,networks for ,event ,ticketing ,act1 the ,commission shall create a publicly available website 7or modify an existing publicly available website of the ,commission7 to allow individuals to report violations of this subsection to the ,commission4 7,c7 ,reporting timeline and process 7i7 ,timeline ,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 issuer1 and in no case later than #cj days after an incident of circumvention is discovered by the ticket issuer4 7ii7 ,automated submission ,the ,commission may establish a reporting mechanism to provide for the automatic submission of reports required under this subsection4 7iii7 ,coordination with state attorneys general ,the ,commission shall-- 7,i7 share reports received from ticket issuers under subparagraph 7,a7 with ,state attorneys general as appropriate2 and 7,,ii7 share consumer complaints submitted through the website established under subparagraph 7,b7 with ,state attorneys general as appropriate4 7#d7 ,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 systems1 security measures1 and other technological controls or measures to address any incidents of circumvention of which the ticket issuer has actual knowledge4 7#e7 ,,ftc guidance ,not later than #a year after the date of enactment of the ,mitigating ,automated ,internet ,networks for ,event ,ticketing ,act1 the ,commission shall publish guidance for ticket issuers on compliance with the requirements of this subsection4 2 7#d7 in subsection 7c71 as redesignated by paragraph 7#a7 of this subsection-- 7,a7 by striking subsection 7a7 each place it appears and inserting subsection 7a7 or 7b72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking ,the ,commission and inserting ,except as provided in paragraph 7#c71 the ,commission2 and 7ii7 in subparagraph 7,b71 by striking ,any person and inserting ,subject to paragraph 7#c71 any person2 and 7,c7 by adding at the end the following new paragraphs3 7#c7 ,civil action 7,a7 ,in general ,if the ,commission has reason to believe that any person has committed a violation of subsection 7a7 or 7b71 the ,commission may bring a civil action in an appropriate district court of the ,united ,states to-- 7i7 recover a civil penalty under paragraph 7#d72 and 7ii7 seek other appropriate relief1 including injunctive relief and other equitable relief4 7,b7 ,litigation authority ,except as otherwise provided in section #af7;a77#c7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#c771 the ,commission shall have exclusive authority to commence or defend1 and supervise the litigation of1 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 purpose1 unless the ,commission authorizes the ,attorney ,general to do so4 ,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 law4 7,c7 ,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 law4 7#d7 ,civil penalties 7,a7 ,in general ,any person who violates subsection 7a7 or 7b7 shall be liable for-- 7i7 a civil penalty of not less than #aj1jjj for each day during which the violation occurs or continues to occur2 and 7ii7 an additional civil penalty of not less than #a1jjj per violation4 7,b7 ,enhanced civil penalty for intentional violations ,in addition to the civil penalties under subparagraph 7,a71 a person that intentionally violates subsection 7a7 or 7b7 shall be liable for a civil penalty of not less than #aj1jjj per violation4 2 7#e7 in subsection 7d71 as redesignated by paragraph 7#a7 of this subsection1 by striking subsection 7a7 each place it appears and inserting subsection 7a7 or 7b72 and 7#f7 by adding at the end the following new subsections3 7e7 ,law enforcement coordination 7#a7 ,in general ,the ,federal ,bureau of ,investigation1 the ,department of ,justice1 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 measures1 access control systems1 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 rules4 ,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 effort1 as appropriate4 7#b7 ,cyberattack defined ,in this paragraph1 the term cyberattack means an attack1 via cyberspace1 targeting an enterprise's use of cyberspace for the purpose of-- 7,a7 disrupting1 disabling1 destroying1 or maliciously controlling a computing environment or computing infrastructure2 or 7,b7 destroying the integrity of data or stealing controlled information4 7f7 ,congressional report ,not later than #a year after the date of enactment of this paragraph1 the ,commission shall report to ,committee on ,commerce1 ,science1 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 ,act1 as well as any identified limitations to the ,commission's ability to pursue incidents of circumvention described in subsection 7a77#a77;,a74 4 7b7 ,additional definition ,section #c of the ,better ,online ,ticket ,sales ,act of #bjaf 7#ae ,u4,s4,c4 #de;c note7 is amended by adding at the end the following new paragraph3 7#d7 ,circumvention ,the term circumvention means the act of avoiding1 bypassing1 removing1 deactivating1 or otherwise impairing an access control system1 security measure1 safeguard1 or other technological control or measure described in section #b7;b77#a74 4