BILL ANALYSIS �
AB 1832
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ASSEMBLY THIRD READING
AB 1832 (Ian Calderon)
As Amended April 10, 2014
Majority vote
ARTS, ENTERTAINMENT, SPORTS 7-0 BUSINESS &
PROFESSIONS 14-0
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|Ayes:|Ian Calderon, Waldron, |Ayes:|Bonilla, Jones, |
| |Bloom, Brown, Gomez, | |Bocanegra, Campos, |
| |Levine, Wilk | |Dickinson, Eggman, |
| | | |Gordon, Hagman, Holden, |
| | | |Maienschein, Mullin, |
| | | |Skinner, Ting, Wilk |
| | | | |
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APPROPRIATIONS 16-1
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|Ayes:|Gatto, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, Eggman, |
| |Gomez, Holden, Jones, |
| |Linder, Pan, Quirk, |
| |Ridley-Thomas, Wagner, |
| |Weber |
| | |
|-----+--------------------------|
|Nays:|Donnelly |
| | |
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SUMMARY : Removes the restriction in existing law which limits
protections for ticket seller's equitable buying process to
their Internet Web sites. Specifically, this bill would strike
the words, "on a ticket seller's Internet Web site" from the
provision in law which prohibits use of software to circumvent
ticket seller's measures designed to ensure fair access to
tickets.
EXISTING LAW :
1)Provides a broad regulatory scheme in the Business and
Professions Code for the conduct of the business of "Ticket
AB 1832
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Seller."
2)Prohibits the using or selling of software to circumvent a
security measure, access control system, or other control or
measure on a ticket seller's Internet Web site that is used to
ensure an equitable ticket buying process, as specified.
FISCAL EFFECT : According to the Assembly Appropriation
Committee, potential minor non-reimbursable costs to cities and
counties for enforcement, offset to some extent by fine
revenues.
COMMENTS : According to the author, "Last year the Legislature
adopted and the Governor signed AB 329 (Pan) [Chapter 325,
Statutes of 2013], which a made it a misdemeanor to
intentionally use or sell software to circumvent a security
measure, access control system, or other control or measure on a
ticket seller's Internet Web site that is used to ensure an
equitable ticket buying process.
"AB 329 was primarily targeted at "Bots," robotic ticket buying
software programs that allow users to quickly buy tickets online
or multi-line auto dialers, which flood box offices with
purchase requests. Typically, these devices are used by
unscrupulous actors like ticket scalpers to buy tickets, then
turn around and sell the same tickets at much higher prices.
"When drafting the language of AB 329, Legislative Counsel
limited the application of the consumer protection language to
Bots targeting a seller's Internet Web site; however this
drafting could be read to limit the application of the consumer
protection fairness principles of the law to only apply to
transactions conducted online, and unintentionally omits other
media, such as mobile applications, smart TVs and
telecommunication devices. AB 1832 is a technical clean-up bill
which simply strikes the limitation in current law to measures
used to circumvent equitable ticket buying process targeting
Internet Web sites."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
AB 1832
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(916) 319-3450
FN: 0003256