The practice of using bots or automated software to purchase large quantities of tickets for concerts, shows, and sporting events has become increasingly common over the past decade. Often these tickets are then resold on secondary markets at inflated prices. Understandably, this has caused frustration for fans who get shut out of buying tickets at face value. It has also caught the attention of lawmakers looking to regulate the practice. So is using ticket bots actually illegal? Could you go to jail for botting tickets? Here is an in-depth look at the legal issues surrounding ticket bots.
What are ticket bots?
Ticket bots, also sometimes called ticket scalper bots, are software programs designed to purchase tickets online faster than a human user could. They are programmed to target popular events where tickets are likely to sell out very quickly.
Here’s how ticket bots generally work:
- The bot operators set parameters to have the bots target specific events, dates, and venues.
- When tickets go on sale, the bots use special software to submit orders directly to the ticket seller’s website faster than any person could manually.
- The bots auto-fill checkout forms using credit card info and shipping addresses provided by the operator.
- Within seconds, the bots can purchase hundreds or thousands of tickets across multiple accounts.
The bot operators then take the purchased tickets and resell them on secondary marketplaces like StubHub and Vivid Seats at much higher prices. The bot software enables them to corner the market on ticket availability so they can inflate resale prices.
Are ticket bots legal?
Currently, using ticket bots is outright illegal in a growing number of U.S. states. As of 2023, around 20 states have enacted anti-bot laws to crack down on the practice. Some of these laws include:
- New York: Passed legislation in 2016 making it illegal to use bots to purchase tickets.
- California: Passed a bot prohibition law in 2016. Offenders may face fines up to $2,500 per ticket.
- Pennsylvania: Using bots to buy tickets comes with a maximum $5,000 fine.
- Oregon: Bans ticket bots and levies fines up to $1,500 per offense.
Several other states like Illinois, Colorado, Maryland, North Carolina, and Minnesota have also passed their own rules against ticket bots in recent years. Most of these laws target the use and creation of bots specifically to purchase tickets.
At the federal level, the BOTS Act was passed by the U.S. Congress in 2016. It prohibits circumventing security measures and control access technology used by ticket sellers. Violators of the BOTS Act can face fines of up to $16,000 per ticket.
Is botting tickets a felony?
While most state laws only classify the use of ticket bots as a civil offense, some states like Arkansas and Tennessee make it a felony criminal offense:
- Arkansas: Effective 2017, using bots to illegally obtain tickets is a Class D felony with up to 6 years in prison and a $10,000 fine.
- Tennessee: As of 2018, operating a ticket bot is considered theft of services, a Class E felony.
However, in most states ticket bot offenses remain a misdemeanor rather than a felony crime. Offenders typically face fines in the hundreds or thousands per ticket, but no jail time.
Notable cases
Authorities have begun cracking down on ticket bots in recent years. Here are some notable cases:
- In 2017, the New York Attorney General’s office settled with three ticket brokers who used bots to illegally purchase tens of thousands of tickets. They paid $4.19 million in fines.
- In 2016, Pennsylvania sued an online ticket reseller using bots and recovered $463,000 in restitution.
- An Arizona ticket broker pleaded guilty to a misdemeanor bot offense in 2017 after getting caught selling 5,000 bots created tickets.
These cases generally ended in settlements, fines, and light misdemeanor pleas. So far, no one has actually been sentenced to substantial jail time solely for using ticket bots.
Circumventing bot prohibitions
Ticket resellers are very motivated to get around anti-bot laws since the practice is so lucrative. Some ways they attempt to circumvent bans include:
- Using distributed bot networks that make traffic appear more human-like and less systematic.
- Renting out residential IP addresses to disguise bot traffic.
- Using teams of human ticket brokers to assist bots and do CAPTCHA solves.
Bot makers also regularly update their software to try and mask it from detection. However, ticket sellers are also improving their own security systems to identify and block bot traffic.
Ethical concerns
The use of ticket bots raises several ethical concerns:
- It prices regular fans out of the market and makes attending events unaffordable.
- Artists, teams, and venues lose out on revenue as marked up tickets pull money from the resale market.
- It encourages a black market environment open to further fraud and abuse.
Many consider the practice of using bots to corner the ticket market unethical. It deprives the average person of fair access. However, others argue banning bots causes unintended harms and interferes with the free market.
Conclusion
Botting tickets remains a contentious issue. Using bots is explicitly illegal under a growing number of state laws. Violators typically face civil fines in the hundreds or thousands per ticket. Arkansas and Tennessee have gone further by making bot use a felony. However, enforcement remains challenging as resellers find ways to camouflage bot activity. The practice continues but regulators seem intent on cracking down despite ethical defenses raised by some in the industry.