SB 355 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for online access control measures.

PRINTER'S NO.   293

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 355
                                               Session of
                                                 2025

     INTRODUCED BY BROOKS, PENNYCUICK, KANE, CULVER, COSTA, DUSH AND
        TARTAGLIONE, FEBRUARY 26, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        FEBRUARY 26, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," providing for online access control measures.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of December 17, 1968 (P.L.1224, No.387),
10   known as the Unfair Trade Practices and Consumer Protection Law,
11   is amended by adding a section to read:
12      Section 3.2.    Online Access Control Measures.--(a)   Except as
13   provided in subsection (b), it shall be unlawful for any person
14   in this Commonwealth to:
15      (1)   Use or cause to be used a software application that runs
16   automated tasks over the Internet to access a computer, computer
17   network or computer system, or any part of a computer, computer
18   network or computer system, for the purpose of purchasing
19   tickets with the intent to resell the tickets.
 1      (2)    Use or cause to be used a software application that runs
 2   automated tasks over the Internet and that circumvents or
 3   disables any electronic queues, waiting periods or other sales
 4   volume limitation systems associated with online ticket sales
 5   for events, or uses or causes to be used multiple email
 6   addresses or Internet service providers to circumvent or disable
 7   the systems.
 8      (3)    Use or cause to be used a software application that runs
 9   automated tasks over the Internet to circumvent or disable a
10   security measure, access control system or other technological
11   control or measure on an Internet website or online service that
12   is used by the operator to facilitate authorized entry into an
13   event.
14      (4)    Sell or offer to sell any product or service obtained in
15   violation of paragraph (1), (2) or (3) if the person selling or
16   offering to sell the product or service:
17      (i)    participated directly in or had the ability to control
18   the conduct in violation of paragraph (1), (2) or (3); or
19      (ii)    knew or should have known that the product or service
20   was acquired in violation of paragraph (1), (2) or (3).
21      (b)    It shall not be unlawful under this act for a person to
22   create or use any computer software or system to:
23      (1)    investigate or further the enforcement or defense of any
24   alleged violation of this section or other statute or
25   regulation; or
26      (2)    engage in research necessary to identify and analyze
27   flaws and vulnerabilities of measures, systems or controls
28   described in subsection (a), if these research activities are
29   conducted to:
30      (i)    advance the state of knowledge in the field of computer

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 1   system security; or
 2      (ii)    assist in the development of a computer security
 3   product.
 4      (c)     An operator, primary ticket platform or rights holder
 5   that suffers injury as a result of another person's violation of
 6   this section may bring a civil action against the person for
 7   damages for the injury, plus five hundred dollars ($500) for
 8   each ticket sale made in violation of this act, reasonable
 9   attorney fees and costs.
10      (d)     As used in this section:
11      "Operator" means a person that owns, operates or controls a
12   venue or that organizes or produces entertainment.
13      "Rights holder" means any of the following:
14      (1)     A person, including a venue, that has the initial
15   ownership rights to sell a ticket to an event for which tickets
16   for entry by the public are required.
17      (2)     With respect to a specific live event, a performing
18   artist or team or an agent working on behalf of the performing
19   artist or team.
20      "Venue" means a public or private facility at which the
21   general public is admitted for a sporting event, concert,
22   theater performance, amusement or other entertainment event.
23      Section 2.     This act shall take effect in 60 days.




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