Federales
Two events out of the Federal bureacracy last week. The FEC relating
to the BCRA (Bipartisan Campaign Reform Act) draft ruling on internet
communications via elections; specifically commenting on Web Logs at
one turn. Also a ruling by the FCC the SBC decision on DSL
(and bundling). Maybe I'll take that up in the next post.
Media reports, Draft FEC Net Rules Exclude Bloggers, on the FEC ruling (avaible as a pdf Draft Notice of Proposed Rulemaking from the web space for the 24 Mar meeting of the FEC)
indicated they were treading softly on the issues of internet political
speech. I get concerned when I see things like this going on, because I
don't want to see web logging requiring knowledge of a lot of rules
couched in dense legal language. I see this activity as ordinary
conversation - with the caveats that you don't always know your
audience and what you write has some permanence, once it's out there.
Like a punk rock fanzine circa 1983 or a chapbook before that. I
wouldn't want to have political discussion on the internet chilled -
abandoned; because somebody fears it, and can't abide all its woolly
thereness. From the FEC draft itself, which I read through, first
a quick distinction. Links to a campaign or candidate is one thing on a
web site especially if undisclosed. Paid advertisements on a site are
another. The FEC is trying to preserve the concept of individual
endorsement as opinion. Even replenishing campaign material obtained
from a candidates campaign, if placed by the individual website or web
log operator is simply private endorsement. All this revolves around
the concept of Public communication and the general exclusion of the
internet from falling under its definition (and regulation). The notion
is if it doesn't cost anything: is it public communication? This
concept with ongoing refinement seems to be replacing a parallel
concept of Coordinated Communication which sought to identify in part
content clearly advocating and distributing a candidates prepared
material [struck down by Shays: 337 F.Supp2d 28 (D.D.C.)]. They seem to
have been thinking about the status of ads that cost a campaign money to produce, but
which people were putting on their web sites for free. The question is
when is someone acting as an agent, when are they just chatting. I
guess when it comes to commericial astroturf we're on our own.
The draft notes the existing media exemption; vii. 11 CFR 100.73
and 100.132. So are web logs whether incorporated or not "peridical
publications." What do we get for that? They quote from the 93d
congress: "the unfettered right of the newspapers television networks
and other media to cover and comment on political campaigns". (p. 28
FEC mtgdoc05-16.pdf) They propose to normalize this with 11 CFR 100.94
: Uncompensated individual or volunteer activity that is not a contribution, and § 100.155 [as above] not an expenditure
(p. 42-43). These are nearly blanket exemptions for internet activity
by individuals or volunteers uncompensated. For both there is an
identical subsection (c) pertaining to computer equipment and
services, hardware, software, and isp service. The intent is to exempt
you if you're using your own computer or one at a public facility (such
as a library).
Maybe the feds won't come after you for political web
logging, but how much protection is this against someone offended by
your opinions who insists you're in violation of some indice, the new
emerging "there oughta be a law" crowd. Is there anything here that
might leave a web logger in a position of having to prove he or she
isn't.
11:40:10 PM  ;;
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