Bill Summary – FastDemocracy

PRINTER'S NO.   1164
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1063
                                               Session of
                                                 2025
     INTRODUCED BY MALAGARI, HILL-EVANS, GIRAL, PIELLI, KHAN, CIRESI,
        SANCHEZ, BRENNAN, JAMES, CEPEDA-FREYTIZ, O'MARA, CERRATO,
        GREEN, FRANKEL AND DOUGHERTY, MARCH 31, 2025
     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        MARCH 31, 2025
                                    AN ACT
 Amending the act of December 17, 1968 (P.L.1224, No.387),
    entitled "An act prohibiting unfair methods of competition
    and unfair or deceptive acts or practices in the conduct of
    any trade or commerce, giving the Attorney General and
    District Attorneys certain powers and duties and providing
    penalties," providing for online access control measures.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The act of December 17, 1968 (P.L.1224, No.387),
 known as the Unfair Trade Practices and Consumer Protection Law,
 is amended by adding a section to read:
    Section 3.2.    Online Access Control Measures.--(a)   Except as
 provided in subsection (b), it shall be unlawful for any person
 in this Commonwealth to:
    (1)   Use or cause to be used a software application that runs
 automated tasks over the Internet to access a computer, computer
 network or computer system, or any part of a computer, computer
 network or computer system, for the purpose of purchasing
 tickets with the intent to resell the tickets.
    (2)    Use or cause to be used a software application that runs
 automated tasks over the Internet and that circumvents or
 disables any electronic queues, waiting periods or other sales
 volume limitation systems associated with online ticket sales
 for events, or uses or causes to be used multiple email
 addresses or Internet service providers to circumvent or disable
 the systems.
    (3)    Use or cause to be used a software application that runs
 automated tasks over the Internet to circumvent or disable a
 security measure, access control system or other technological
 control or measure on an Internet website or online service that
 is used by the operator to facilitate authorized entry into an
 event.
    (4)    Sell or offer to sell any product or service obtained in
 violation of paragraph (1), (2) or (3) if the person selling or
 offering to sell the product or service:
    (i)    participated directly in or had the ability to control
 the conduct in violation of paragraph (1), (2) or (3); or
    (ii)    knew or should have known that the product or service
 was acquired in violation of paragraph (1), (2) or (3).
    (b)    It shall not be unlawful under this act for a person to
 create or use any computer software or system to:
    (1)    investigate or further the enforcement or defense of any
 alleged violation of this section or other statute or
 regulation; or
    (2)    engage in research necessary to identify and analyze
 flaws and vulnerabilities of measures, systems or controls
 described in subsection (a), if these research activities are
 conducted to:
    (i)    advance the state of knowledge in the field of computer
20250HB1063PN1164                   - 2 -
 system security; or
    (ii)    assist in the development of a computer security
 product.
    (c)     An operator, primary ticket platform or rights holder
 that suffers injury as a result of another person's violation of
 this act may bring a civil action against the person for damages
 for the injury, plus one thousand dollars ($1,000) for each
 ticket sale made in violation of this act, reasonable attorney
 fees and costs.
    (d)     As used in this section:
    "Operator" means a person that owns, operates or controls a
 venue or that organizes or produces entertainment.
    "Rights holder" means any of the following:
    (1)     A person, including a venue, that has the initial
 ownership rights to sell a ticket to an event for which tickets
 for entry by the public are required.
    (2)     With respect to a specific live event, a performing
 artist or team or an agent working on behalf of the performing
 artist or team.
    "Venue" means a public or private facility at which the
 general public is admitted for a sporting event, concert,
 theater performance, amusement or other entertainment event.
    Section 2.     This act shall take effect in 60 days.
20250HB1063PN1164                    - 3 -
Statutes/Laws affected: 
Printer's No. 1164: P.L.1224, No.387