March 24, 2005 1:22 PM PST

Feds get set for Net rules

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campaign-related expenditures aren't regulated if they're made by certain types of journalistic outlets. But the definition is relatively narrow and covers only a "broadcasting station, newspaper, magazine, or other periodical publication"--it does not specifically include Web sites. FEC commissioners on Thursday said that they would make "case by case" decisions about who qualifies.

Bloggers beware:

As the Federal Election Commission takes its first steps to shape campaign rules for the blog era, FEC Commissioner Bradley Smith warned that proposed rules present unanswered questions for bloggers:

  • The draft rules provide some protections for "individual" political commentators. But what if a group of people jointly publish a blog? "If one of the bloggers received payment for an activity, would it turn the group into a political committee" subject to campaign finance regulation, Smith asked. He pointed to the academic-leaning Volokh Conspiracy blog, which has multiple contributors.
  • Some blogs, such as Daily Kos, are published by a corporation. If they endorse candidates, they must be approved by the FEC as legitimate news organizations or run afoul of the law, Smith warned. If such a site "did not qualify for the press exemption, the mere fact that they're unpaid does not get them out from under the regulation."
  • The FEC's proposed regulations talk about "announcements placed for a fee on another entity's Web site." Smith asked: What if those are pop-up political ads generated by a software program such as Claria's "adware," instead of by a Web browser? Should the FEC target Claria, the advertiser or the Web site that happens to be in the background?
  • Rick Hasen, a Loyola Law School professor who argued in court in favor of the BCRA, said that the "FEC's first stab at writing new rules raises as many questions as it seeks to answer, and we must remain wary of both intended and especially unintended consequences."

    Hasen suggested that the proposed rules may not go far enough. For instance, he said, bloggers that get paid by political campaigns should be required to disclose their involvement in a prominent notice on their Web site. (In last year's race, the Howard Dean campaign paid the publishers of the Daily Kos and MyDD blogs $3,000 a month.)

    One page of the 47-page proposed regulation raises the question, and tentatively concludes that bloggers should not be required to disclose payments. During a brief debate, Mason warned that the FEC might not have the authority to force individuals to post disclaimers and proposed that the commission delete that page from the proposal.

    Mason's attempt to approve the proposed rules without that page failed by a vote of 1-5. He was the lone dissenter in the 5-1 vote to approve the rules with that page included.

    Commissoner McDonald said "it's important to have it in" because the public is "better served to have these issues out there and have them discussed."

    The Republican commissioners seemed worried about starting a process that could result in an ever-growing set of rules affecting online commentators. "Once we start down this road, it will be very difficult to limit where we proceed," Mason said. "We may even be sued if we adopt these rules."

    Interest from Capitol Hill has been unusually intense. Sen. Harry Reid, D-Nev., has introduced legislation that would effectively overturn Kollar-Kotelly's decision from last year by immunizing the Internet from campaign finance laws. In an opinion article on Thursday, Rep. John Conyers, D-Mich., said that "bloggers should be classified as journalists and given First Amendment protections."

    Some of the original sponsors of the BCRA, on the other hand, wrote a letter warning the FEC not to do anything that would create "loopholes" in the law. Reps. Christopher Shays, R-Conn., and Martin Meehan, D-Mass., who signed the letter, had sued the FEC to overturn the agency's earlier decision that largely exempted the Internet from campaign finance rules and resulted in the current proceeding.

    The public will have 60 days to comment on the proposed regulations. The FEC is accepting comment by e-mail to or through A public hearing is scheduled for June 28.

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    We started down this road long ago
    FEC Commissioner David Mason said "Once we start down this road, it will be very difficult to limit where we proceed."

    This was said when commercial speech was limited. Seen any cigarette commercials lately? It was said when political speech was limited and the FEC was established.

    Now they've come for the bloggers.

    It's time to repeal all restrictions on speech and abolish the FEC.
    Posted by johnwbales (2 comments )
    Reply Link Flag
    Peer-to-Peer File Sharing will come to the rescue!!!
    Peer-to-Peer file sharing will come to the rescue of unregulated poltical speech. We can post our articles in support of a candidate and make them available net-wide without sending them to anyone.
    Posted by r124c41 (3 comments )
    Reply Link Flag

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