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Newsmaker:  The coming crackdown on blogging

Published: March 3, 2005, 4:00 AM PST

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under the press exemption. It becomes a really complex issue that would strike deep into the heart of the Internet and the bloggers who are writing out there today. (Editor's note: federal law limits the press exemption to a "broadcasting station, newspaper, magazine or other periodical publication." )

How do you see this playing out?
There's sensitivity in the commission on this. But remember the commission's decision to exempt the Internet only passed by a 4-2 vote.

This time, we couldn't muster enough votes to appeal the judge's decision. We appealed parts of her decision, but there were only three votes to appeal the Internet part (and we needed four). There seem to be at least three commissioners who like this.

Then this is a partisan issue?
Yes, it is at this time. But I always point out that partisan splits tend to reflect ideology rather than party. I don't think the Democratic commissioners are sitting around saying that the Internet is working to the advantage of the Republicans.

One of the reasons it's a good time to (fix this) now is you don't know who's benefiting. Both the Democrats and Republicans used the Internet very effectively in the last campaign.

What would you like to see happen?
I'd like someone to say that unpaid activity over the Internet is not an expenditure or contribution, or at least activity done by regular Internet journals, to cover sites like CNET, Slate and Salon. Otherwise, it's very likely that the Internet is going to be regulated, and the FEC and Congress will be inundated with e-mails saying, "How dare you do this!"

What happens next?
It's going to be a battle, and if nobody in Congress is willing to stand up and say, "Keep your hands off of this, and we'll change the statute to make it clear," then I think grassroots Internet activity is in danger. The impact would affect e-mail lists, especially if there's any sense that they're done in coordination with the campaign. If I forward something from the campaign to my personal list of several hundred people, which is a great grassroots activity, that's what we're talking about having to look at.

Senators McCain and Feingold have argued that we have to regulate the Internet, that we have to regulate e-mail. They sued us in court over this and they won.

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

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.

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.  

 120 comments
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TalkBack

Bigger Dreams Needed!

Alex Martin   Nov 7, 2005, 11:49 AM PST

Other kinds of negitve blogs

John Molloy   Oct 22, 2005, 4:31 PM PDT

Look at the bright side

Paul B   Apr 6, 2005, 4:26 PM PDT

Blogging Laws

National Editor   Mar 18, 2005, 10:12 AM PST

BLOG laws- quit whining, do something!

David Brown   Mar 7, 2005, 2:37 PM PST

Unite or Perish

D Kairis   Mar 7, 2005, 6:41 AM PST

What about Canada?

Ron Arnett   Mar 6, 2005, 11:29 AM PST

The only thing missing now is-

Martin Franklin   Mar 6, 2005, 8:49 AM PST

Perfect illustration

Newsdotcom Commenter   Mar 6, 2005, 4:32 AM PST

In Response

Jesse King   Mar 5, 2005, 11:52 PM PST

FEC vs. Bloggers

James Heckman   Mar 5, 2005, 12:40 PM PST

Blogger's done now by the news media

Richard West   Mar 5, 2005, 11:07 AM PST

The Constitution is meaningless

William Barker   Mar 5, 2005, 9:38 AM PST

Repeal McCain-Feingold

Dana Pico   Mar 5, 2005, 8:52 AM PST

a brave new world

Bonnie Close   Mar 5, 2005, 7:12 AM PST

What if...?

Dan Jones   Mar 5, 2005, 5:14 AM PST

Regulation of internet

Ronald Howell   Mar 5, 2005, 1:21 AM PST

Bloggin

Hoshi Sato   Mar 4, 2005, 8:20 PM PST

Bit off more than they can chew

Vicki Wall   Mar 4, 2005, 4:32 PM PST

Law or not...

Charles Kunz   Mar 4, 2005, 3:17 PM PST

REGULATING INTERNET IS CENSORSHIP PURE AND SIMPLE!!!

Alice Lillie   Mar 4, 2005, 11:13 AM PST

This Is Weird

Marc Leblanc   Mar 4, 2005, 9:14 AM PST

blogging on the internet

Glenn Turpin   Mar 4, 2005, 2:46 AM PST

Sharpen your Guillotines, mes amis,

Jason Baron   Mar 4, 2005, 1:11 AM PST

Hubris and/or a wonk seeking funding

Mean Dean   Mar 4, 2005, 12:50 AM PST

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