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« The AoS Jeff Gannon Interview | Main | BlogAds Survey »
March 03, 2005

Crucifed By the FEC

The FEC is out ta git me.

Well, probably not me. But other bloggers. Bigger ones. The sorts of guys who get to appear on Paula Zahn.

A judge recently overturned the 2002 Internet exemption voted for by the FEC. The judge's ruling now makes, it seems, praise of a politican, or links to their websites, potentially in-kind campaign donations, subject to FEC scrutiny (and donation limits!).

However, this would seem restricted to cases of "coordination" with a party or a candidate.

Which would seem to limit the impact... I've never coordinated with anyone. In fact, I often don't coordinate with myself.

But what is "coordination"? I don't know, and until now I never had to worry about it.

Hypothetically, let's say that some PR person working for a political candidate shoots me an email pointing out such-and-such a story that I might find interesting. Is this "coordination"?

It's not "coordination" when the DNC sends opposition research to a liberal reporter and he dutifully reports it. (Or, in fact, when a longtime Democratic operative gives transparently-sham documents to a partisan producer at CBS and she and Dan Rather run with the story like it's the moon landing.)

Why on earth should I be subject to rules that don't apply to reporters?

Fact is, I'm not strictly a reporter; neither am I really a journalist. If you're going to categorize the dumb stuff I do, I'm an amateur analyst, an armchair, pajama-wearing pundit.

But so is Bill Press. Yes, he draws a paycheck, but he's still obviously an amateur.

On these points...

Q: What rules will apply to the Internet that did not before?

A: The commission has generally been hands-off on the Internet. We've said, "If you advertise on the Internet, that's an expenditure of money--much like if you were advertising on television or the newspaper."

Do we give bloggers the press exemption? The real question is: Would a link to a candidate's page be a problem? If someone sets up a home page and links to their favorite politician, is that a contribution? This is a big deal, if someone has already contributed the legal maximum, or if they're at the disclosure threshold and additional expenditures have to be disclosed under federal law.

Certainly a lot of bloggers are very much out front. Do we give bloggers the press exemption? If we don't give bloggers the press exemption, we have the question of, do we extend this to online-only journals like CNET?

...

Q. If Congress doesn't change the law, what kind of activities will the FEC have to target?

A. We're talking about any decision by an individual to put a link (to a political candidate) on their home page, set up a blog, send out mass e-mails, any kind of activity that can be done on the Internet.

Again, blogging could also get us into issues about online journals and non-online journals. Why should CNET get an exemption but not an informal blog? Why should Salon or Slate get an exemption? Should Nytimes.com and Opinionjournal.com get an exemption but not online sites, just because the newspapers have a print edition as well?

Q. Why wouldn't the news exemption cover bloggers and online media?

Because the statute refers to periodicals or broadcast, and it's not clear the Internet is either of those. Second, because there's no standard for being a blogger, anyone can claim to be one, and we're back to the deregulated Internet that the judge objected to. Also I think some of my colleagues on the commission would be uncomfortable with that kind of blanket exemption.

Q. So if you're using text that the campaign sends you, and you're reproducing it on your blog or forwarding it to a mailing list, you could be in trouble?

Yes. In fact, the regulations are very specific that reproducing a campaign's material is a reproduction for purpose of triggering the law. That'll count as an expenditure that counts against campaign finance law.

This is an incredible thicket. If someone else doesn't take action, for instance in Congress, we're running a real possibility of serious Internet regulation. It's going to be bizarre.

Bizarre? How about ridiculous?

Thanks, John McCain. Until now I took conservative complaints about McCain-Feingold limiting free speech as important but fairly theoretical.

Now it's not so theoretical. The New York Times can print up oppo research from the DNC and call it "news" all the live-long day, but if I link the Bush-Cheney website, I may be subject to a long and costly investigation by the FEC.

I'm not sure if I ever linked any political party's or any candidate's web-site; I don't think I have. Maybe I did once.

But, thanks to John McCain, now it seems I can't. Even if I find something interesting there.

I guess I have to thank the somewhat-craven-on-this-issue George W. Bush as well.

Thanks to Ogre Gunner.

A Way Out?: Non-internet periodicals are excepted, huh?

Well, I guess we bloggers are going to just have to collect up a small base of "subscribers," paying something like $5 a year, and then send them out a "newsletter" every few months or so.

The "newsletter" will be the periodical; the blog itself will just be, ahem, the free on-line content, like what most magazines and newspapers offer.

If that's the hoop we have to jump through, so be it.

My "newsletter" will consist chiefly of character sheets for my highest-level D&D heroes as well as reviews of porno sites I frequent.

I may also include my regimen for working on my lats.

All important stuff. The political content on this site will just be a little bonus.


posted by Ace at 02:47 PM
Comments



Porno site reviews?

You've got to get through Ted Stevens first.

Posted by: Peter on March 3, 2005 03:28 PM

One response is to hide like a scared turtle. The other option is to KEEP POSTING, and encourage everyone and their brother and sister to do the same. Not just like-minded conservative bloggers, but even our buddies at DailyKos and what not. Why stop there? Get regular bloggers to link/post political material. If the FEC, or whomever tries to enforce this absurdity, realizes that there are more violations than you can shake a stick at, and that doing so would be enormously unpopular anyway, then I think they'll see that it's just plain untenable. Where's the ACLU when you need them? And where are those AoS shirts?

Posted by: Mister Tan on March 3, 2005 04:47 PM

So in other words Markos has finally seen the evil that is McCain?

Posted by: HowardDevore on March 3, 2005 04:53 PM

$5 newsletter? sign me up. Matter of fact, I think I'll go hit the tipjar and pre-pay....

Posted by: drc on March 3, 2005 05:04 PM

While you're thanking McCain, be sure to thank the Supreme Court too. There is no clearer language in any of our founding documents than that found in the First Amendment: "Congress shall make no law ... abridging the freedom of speech." Yet in every opportunity it has had over the last 30 years to uphold free speech, Congress has instead upheld Congress-made laws abridging it.

At Vote for Judges, I've beat to death the proposition that it's time to do something about the courts. After this week's Roper decision, can there be any doubt left?

Posted by: Karl Maher on March 3, 2005 07:19 PM

By the way, Ace, thanks for putting me on your blogroll!

Posted by: Karl Maher on March 3, 2005 07:21 PM

If this ever comes up, the tongue-in-cheek approach is going to go a long way.

Put 500 links into Hillary's website at the end of each and every post. You can probably work up a lyric that is... exceedingly unflattering - but LINKS TO HER. So she has to report those links on her 'contributions in kind' list....

This is all so very insane. Maybe we can host sites out of Russia.

Posted by: Al on March 3, 2005 07:44 PM

Let them try. The first blogger to be prosecuted is going to have quite a legal team coming to his aid. Lets make a list of prominent bloggers who are also lawyers or legal scholars of some repute. Send that list to the politicians supporting this and ask them if they really want this case on CourtTV.

Posted by: Eric Pobirs on March 4, 2005 12:01 AM

Ace, if I do subscribe to your proposed newsletter, could you send it out as an email so that I don't have to, like, read it?

Posted by: gnotalex on March 4, 2005 01:16 AM

Those officious fucks.

Making "coordination" the mark of evil that turns freedom of speech and freedom of the press into in-kind contributions pits freedom of assembly and freedom of association against those other two freedoms. And isn't the freedom to "petition for redress of grievances" yet another form of coordination with the elected rulers? I count three freedoms the exercise of which make us liable to the scrutiny and regulation of two of our other freedoms.

Those merciless, twisted fucks at the FEC must stay awake nights thinking this shit up. Top bloggers who exercise their freedoms of assembly, association, and petition by associating with politicians won't be able to press [Enter] for fear of making a "coordinated in-kind contribution."

Posted by: Harq al-Ada on March 4, 2005 03:47 AM

gnolotex,

I think I'll have to send you a physical newsletter, because they're apparently demanding that useless, old-technology prerequisite.

But you don't have to read it. Unless you want to know how high I've juiced my stats for my 23rd level Yuan-Ti Ranger, Sszessinthe of the Eternal Hunt.

Posted by: ace on March 4, 2005 06:23 AM

...or if you want to know Ace's thoughts on the bodybuilding "muscle confusion principle."

... or if you want to know whether MILF Hunter has jumped the shark.

Important stuff like that.

Posted by: ace on March 4, 2005 06:26 AM

I am new to reading blogs and don't know as much as most of you, so I may be missing something here, but it seems to me that it is obvious that McCain,et al seem to think that bloggers have a lot more power than the bloggers are aware of and therefore the brakes need to be put on them (the bloggers). It would seem to me the first step is figuring out what they are all so afraid of. The power is obviously there. Finding out what it is will help a lot.The other thing I do not understand is the comments made about a Senator in Alaska saying things about limiting porn on cable. First, of course, is why would a person in Alaska have any thing to say about what a person in a different state-or even a different house-can do. The solution here seems to me to get bloggers in Alaska to vote this man out of office. The same would apply to voters in Arizona with regards to McCain. Why is it that so many poiticians are career politicians? A government official who decides he will or will not "let" people do something in their own homes is someone who for what ever reason has an incredibly wrong idea about what his function is. Rather than wringing our hands and wondering how far they will take this -the people should be waking up and saying "whoa cowboy." They will take it as far as possible -just like bullies on a playground. The odd part is that they have the power only because they say so.
One more comment. I don't understand the excitement of being mentioned on CNN-Judy Woodruff. Recognition is fine, but to "sanitize" your blog to be acceptable for CNN seems like a
sell-out. I thought you were better than that. CNN should-and is-be concerned with impressing blogs-not the other way around. I may be over simplifying things but I truly do wonder why no one is asking what right these Senators have even saying these things rather than wondering how to get around these new threats they are making.

Posted by: J. on March 4, 2005 09:17 AM

i would like to sign up for your newsletter
i just need to find margaret cho's address

Posted by: err head on March 4, 2005 05:40 PM
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