Perfectly Exempt, The FEC's take
The FEC now has final draft rule of a rule on internet communications out. the short version is that the Web log world is perfectly exempt
FEC Won't Regulate Internet Politics - Yahoo! News so let's see how we like it now
FEC Rules Exempt Blogs From Internet Political Limits. It seems to me thought this is not the last word on this. There are several entities to be accounted for the Bipartisan Campaign Reform Act and its intent, Jeb Hensarling (R-TX) Bill, the Tom Allen (D-ME) and Charles Bass (R-NH) Bill, and now FEDERAL ELECTION COMMISSION 11 CFR Parts 100, 110 and 114 [Notice 2006 - XX] Internet Communications rule making
Agenda Document No. 06-20 (FINAL RULES AND EXPLANATION AND JUSTIFICATION FOR INTERNET COMMUNICATIONS) . That is a 96 page document that is a lot of fine print. Better for my purpose, there is a two page back-grounder/FAQ - apparently from the office of Commissioner Lenhard. I thought I found this in the Ars Technica post on this
FEC releases draft rules for Internet political communication, but I don't see it now. A portion of this in its own words: Q. How do the new rules affect Internet political activity by individuals?
A. The new rules explicitly exempt from regulation the Internet activities of unpaid individuals or groups of individuals. An individual or group of individual[base ']s ability to develop web-pages, send electronic messages, provide hyperlinks, forward material that has been cut and pasted from political websites, or otherwise use computer or Internet resources for political activity are all exempt from regulation. (§ 100.94 and § 100.155) [emphasis added]
Q. What about bloggers who receive compensation from campaigns?
A. Under the new rules, a blogger who receives compensation is not required to disclose such payments. However, campaigns must continue to report such disbursements on their FEC filings.
Q. Do I need a disclaimer on my website?
A. Regardless of the content that appears on an individual or group[base ']s website, a disclaimer is not required unless the individual or group is a FEC registered political committee. FEC registered political committees must place disclaimers on all of their websites that are available to the general public. (§ 110.11)
FEC Internet Rulemaking--Background and FAQ
Judging from statements and press releases I've seen everyone seems happy or at least relieved with the FEC's ruling. Mostly I am too, but I want to take a look at some of the main statement. It makes clear that voluntary activities - regardless of how much your time and expertise might be worth - it is not a political contribution. You can inflict as much of it on the political landscape as you want. Further it doesn't matter if the campaign you may be aiding has any idea who you are or not. They don't even have to know you are a volunteer. The document states the new rules allow for those who may be "acting independently."(notice 2006 xx, 56).
Even web loggers receiving formal compensation is not a problem for the FEC. And with no disclaimer. There could be a modest disclaimer, I think. Perhaps one of those international signs; a little icon with one hand dropping money into another maybe? Under the rational for not regulating this, is the basic concept that this will be documented by the campaign's filings to the FEC. Months after the campaign is over, and the winner has settled comfortably into his or her office and its everyday care. If a web logger suddenly develops a deep appreciation of candidate Y's natural statesmen-like brilliance, or more likely comes across with vituperative attacks on a candidate, that makes free use of phrases like "the eldritch horror of candidate X". I would assume at that point that they are wired somehow into the political campaign, and discount the communicated information accordingly. Similar to the process that brought about this set of rules, a Federal judge has directed the FEC to either explain why 527s (an appellation designating independent political action committees, such as Move On) are not an issue requiring regulation, or begin to develop rules for them.
FEC Ordered to Rethink '527' Rule . Also to consider is the effect of future legislation. The bills before congress may sort this out but it was not entirely clear from what I've seen so far. The issue will gravitate to big money pipelines and the battle-lines may redraw according to fundraising fortunes. If the FEC is going specifically point to these types of on-line behavior and say this is protected even encouraged speech, look for it to be pushed to limits that beg to be considered abuse for the next couple of election cycles. Particularly from loosely coordinated cascades of astroturf. Caveat Emptor! Addendum 06Apr06: Campaign Finance Measure Approved
House Bill Would Cap '527' Donations, Used Largely by Democrats
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