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FEC Extending Election Regulation to the Internet

m_d_j_00 writes "Cnet has a story about Federal Election Commission plans to extend election laws to the Internet." From the article: "In 2002, the FEC exempted the Internet by a 4-2 vote, but U.S. District Judge Colleen Kollar-Kotelly last fall overturned that decision. 'The commission's exclusion of Internet communications from the coordinated communications regulation severely undermines' the campaign finance law's purposes, Kollar-Kotelly wrote." This may include regulation of bloggers and mailing lists linking to or forwarding campaign website URLs.

35 of 337 comments (clear)

  1. I don't think so by Killjoy_NL · · Score: 3, Insightful

    I'd like to see them try to "regulate" foreign servers.

    I'm dutch, so I don't know what the FCC is or isn't allowed to do, but my gut tells me that this is not one the things they are allowed to do.

    Can anybody elaborate?

    --
    This is the sig that says NI (again)
    1. Re:I don't think so by Ironsides · · Score: 2, Insightful

      You've hit one of the nails on the head. How can the FCC regulate servers out of their jurisdiction? They can't. About the only thing they can do (at best), is go after the groups in the US that are renting those servers.

      Although, something tells me that if someone outside the US starts campaigning for/against one politician it may cause an upset. I think it was one of the UKs newspapers that encouraged Uk Citizens to write letters to people in Ohio? And all the backlash that caused (including their web server getting defaced). Oooh, that's another one that's going to be interesing. Political Internet Espionage and Sabatoge. How much is it worth to have the homepage of a candidate up vs. a DDoS?

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    2. Re:I don't think so by dhbiker · · Score: 3, Insightful

      And if there are no US citizens involved, you have no business with our campaigns.

      And why the hell do you think that? Considering the US president is arguable the most powerful, influential (and dangerous, well the current one IMHO) person on the planet I'm sure you would expect a lot of foreigners have legitimate business to be interested in the campaigns

    3. Re:I don't think so by Lisandro · · Score: 3, Insightful

      You're right - they can't (FEC, no FCC) regulate servers outside the US.

      It's a flawed law from the start. "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."

      That's so awfully close to restrited freedom of speech that it's dangerous - if comments on a blog can be considered "contributions".

    4. Re:I don't think so by TGK · · Score: 4, Insightful

      Bad example, but your point is well taken. A better way to say it might be that the candidate still has to RUN for office in the US. So even if they spam from an offshore account, the FEC can still hold them accountable.

      That said, I have a problem with this. First off, SPAM is known to generate ill will. When you're doing it for commercial gain it's a viable (if evil) strategem. When you're trying to get people to like you it's something alltogether.

      SPAM isn't a problem here. Personaly I'd like candidates not to call me at home, but that's a different issue.

      The FEC's role is to make sure elections are fair. To that end they regulate campaign finance contributions etc. Applying these rules to the itnernet seems rather shortsighted. The internet allows a grass roots mobilization on a grand scale (which is what the FEC should b encouraging). There is almost no marginal cost associated with internet campaigning and as a consequence, the internet promises to eliminate much of the money driven corruption in politics.

      This move strikes me as suspect. The FEC has an inherent bias against small groups and third parties. Internet campaigning as shown itself to be a powerfull tool in the hands of non-central ideologies and third parties. This seems to be yet another way to protect the two party system. This, along with the administration of presidential debates, is a symptom of the decline of democracy in the United States.

      --
      Killfile(TGK)
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    5. Re:I don't think so by Anonymous Coward · · Score: 2, Insightful

      demoplutocracy

      You get to choose which rich person and his friends will rule you. It's very little different from having an elected monarchy really.

    6. Re:I don't think so by untaken_name · · Score: 4, Insightful

      Democracy is coming to the US, I fear, but it isn't here yet. What the GP meant, I believe, is the decline of the constitutional republic in the United States. Democracy = mob rule != the US's system of government. Of course, that word has been thrown around so much in connection with the US that I don't blame the GP for making that mistake. It's an extremely common one that even elected officials either play up or fall victim to. We've been an oligarchy in effect for a while now, at least in my opinion, but the official form of government is constitutional republic.

    7. Re:I don't think so by Anonymous+Custard · · Score: 3, Insightful

      > "The problem that they are really worried about is if I post a link to say Bush's campaign site in a post to Slashdot, how much have I contributed to his campaign."

      Then the problem is any mention of the candidates anywhere - no matter how you report something (on the internet, in the newspaper, shouting it out of your car), it can always have some influencing effect.

      Hypothetically, you could report:

      "President Bush took a dump this morning that made the bathroom smell like feces".
      ...or you could report...
      "President Bush brushed his teeth this morning with toothpaste that made his breath smell like mint."


      The two things are both equally factual (in this hypothetical situation), but one makes most people think nicely of the prez (minty breath) and the other makes most people think poorly. Even mentioning the person at all conveys his importance as a famous public figure.

      The inverse of this, not mentioning someone at all, plagues third party candidates. For example back in October, a news story might have been "President Bush campaigned today in Cleveland, while John Kerry campaigned in Tampa." That is free publicity for both Kerry and Bush, but just because you're being unbiased regarding those two candidates, the fact that you exclude from your reporting any mention of third party candidates means you're helping the campaigns of Bush and Kerry to defeat their other competitors.

      I don't envy the FEC for having to try to regulate this kind of campaign influence.

      As for your example, it even depends on how you linked: Miserable Failure or Gleaming Success

  2. way to go.. by dhbiker · · Score: 2, Insightful

    This may include regulation of bloggers and mailing lists linking to or forwarding campaign website URL

    because it won't be hard to stop someone in belgium linking to the campaign site or anything now will it, noooo

  3. Political Speech by cyriustek · · Score: 3, Insightful

    By it's very definition, the first amendment protects political speech. It is fool hardy to believe that it is appropriate to prevent someone blogging from posting a link to a contribution site.

    Should you not be allowed to dontate to whom you choose?

    What about Foreign web servers?

    Who is going to filter this?

    If it is not filtered, then which one of the thousands of people will be fined, and how would the FCC draw the line on this.

    My friends, welcome to another slippery slope.

  4. Free Speech by modular_forms_boy · · Score: 4, Insightful

    A move against bloggers would likely be stopped by the Supreme Court as a violation of free speech rights. Blog = Speech

    1. Re:Free Speech by Phanatic1a · · Score: 3, Insightful

      The Supreme Court upheld McCain-Feingold, even though that's an equally clear violation of free speech rights.

  5. First Amendment? Still mean anything? by 1010011010 · · Score: 3, Insightful

    This is so stupid. They are regulating speech -- and political speech at that! The supreme law of the land says they can't do that.


    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    1. Re:First Amendment? Still mean anything? by Eslyjah · · Score: 5, Insightful
      Yes. Now would be a good time to (re-)read Scalia's dissent in McConnell v. FEC.

      From the beginning of the opinion:

      This is a sad day for the freedom of speech. Who could have imagined that the same Court which, within the past four years, has sternly disapproved of restrictions upon such inconsequential forms of expression as virtual child pornography, Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), tobacco advertising, Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001), dissemination of illegally intercepted communications, Bartnicki v. Vopper, 532 U.S. 514 (2001), and sexually explicit cable programming, United States v. Playboy Entertainment Group, Inc., 529 U.S. 803 (2000), would smile with favor upon a law that cuts to the heart of what the First Amendment is meant to protect: the right to criticize the government. For that is what the most offensive provisions of this legislation are all about. We are governed by Congress, and this legislation prohibits the criticism of Members of Congress by those entities most capable of giving such criticism loud voice: national political parties and corporations, both of the commercial and the not-for-profit sort. It forbids pre-election criticism of incumbents by corporations, even not-for-profit corporations, by use of their general funds; and forbids national-party use of "soft" money to fund "issue ads" that incumbents find so offensive.
    2. Re:First Amendment? Still mean anything? by untaken_name · · Score: 2, Insightful

      One thing you're missing is that they've yet to release dollar amounts for links, etc. It could very well be that they arbitrarily determine a link to be 'worth' $100. They could make a sentence 'worth' $1000. Also, even if a link is valued at $.50, if you've contributed the limit in actual cash then one link is enough to land you in Federal hot water. I'm throwing numbers around, of course, but since the point of this legislation is to limit speech, and since that's already in direct confrontation with the law, I don't see why they'd balk at over-valuing links and such in order to make the cost prohibitive. The very fact that they're trying anything like this at all indicates to me the esteem in which the Constitution is held in Washington, D.C. these days. It's fucking sickening. I'm surprised the founding fathers haven't popped through the ground in China yet with all the grave-spinning they must have been doing these last hundred years or so.

  6. Re:Oh, that's refreshing.... by bizpile · · Score: 3, Insightful

    The part that sucks the most is when both of the leadng candidates spam, which means that I can't use it as a way to simplify my voting decision process.

    Too bad there aren't any third parties you could pick from instead...

  7. Yet another argument for public-financed campaigns by disposable60 · · Score: 2, Insightful

    Yet another argument for public-financed campaigns, I think.
    Me? I'm a Radical Moderate.

    --
    You're looking for quotes? See my journal.
  8. Re:Blog crackdown? Like Iran? by smooth+wombat · · Score: 3, Insightful
    How is this different from Iran?

    Because it is. Don't ask them to explain how it's different, it just is. You're not supposed to think like this. That's free thought and that's dangerous.

    It would be like asking the question: if Syria is on the list of nations who use torture to try and extract information from prisoners and we (the U.S.) object to such treatment, how come we (the U.S.) send suspected terrorists to Syria for interrogation?

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  9. Not the same deal by phorm · · Score: 3, Insightful

    It's a little easier to hide under the veil of anomymity using the internet. Having candidate (a) hire a spammer to spam for candidate (b) just before an election comes to mind. Or how about if a non-endorsed fan of (a) just decides to do so?

    It might help, but it opens up new problems as well.

  10. McCain-Feingold as bad as Patriot Act by Anonymous Coward · · Score: 1, Insightful

    Scumbag politicians remain unaffected, while everyone else has to jump through hoops. Typical.

  11. This isn't a new precedent by boohiss · · Score: 5, Insightful

    Everyone's favorite congressman, John McCain, and his buddy Feingold already got that awful Campaign Finance "Reform" law passed, which effectively abridges free speech.

    But, that's only supposed to affect rich lobbyists and media conglomerates! It can't possibly apply to us as well!

    1. Re:This isn't a new precedent by Just+Some+Guy · · Score: 2, Insightful
      You nailed it perfectly. In politics.slashdot.org, there's a near-constant cry for "campaign finance reform" to save us from evil businesses and their attempts to sway public opinion. Now that such a rule is being applied equally, I suspect we'll hear the exact same people crying that they shouldn't be subject to the same laws.

      Congratulations, folks - you got what you were begging for. Some of us tried to tell you this was a bad idea, but you didn't listen because we were Evil Conservatives who only care about the rich getting richer. Let this be a lesson to all of us; some ideas are just plain bad regardless of whether it's a Liberal or a Conservative fighting them. Don't automatically assume the other guy is wrong just because you disagree on other nonrelated topics.

      --
      Dewey, what part of this looks like authorities should be involved?
  12. FUD by ecklesweb · · Score: 3, Insightful

    may include regulation of bloggers

    FUD FUD FUD. I bet you a gazillion dollars that my first amendment right to speak for or against a candidate would not be infringed by FEC regulation of candidates' use of the internet as a communications medium. What it will do is prevent candidates themselves from using blogs in an unregulated fashion. It's like saying that FEC regulation of TV as a campaign communication medium prevents you from ranting on your cable public access channel, which it doesn't.

    If I'm wrong, prove it, don't tag it to the end of an article submission.

    1. Re:FUD by bsdbigot · · Score: 2, Insightful

      Actually, SCOTUS already killed the First Amendment with respect to political speech, when they upheld the BCRA (aka McCain/Feingold, Campaign Finance Reform) back in 2003. But don't take my word for it. Here is part of the opinion from Justice Kennedy:

      Although today's opinion does not expressly strip the press of First Amendment protection, there is no principal of law or logic that would prevent the application of the Court's reasoning in that setting. The press now operates at the whim of Congress.

      In other words, we're screwed; Congress gave the FEC juris diction over these matters back in 1974, and SCOTUS says by 5 to 4 that almost everything about McCain/Feingold is kosher.

      --
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  13. The 2-party duopoly hates change by scotay · · Score: 2, Insightful

    And the internet means change. Not only does the internet provide leverage to 3rd-parties that have no current power, it provides progressives and conservative groups to ability to effect the major parties in new ways.

    That is the design of the awful McCain-Feingold "reforms." They are designed so the current gatekeepers remain in full control and this new scary thing called the internet has no chance to move the political process in new directions.

  14. I want to challenge this in court by ValuJet · · Score: 2, Insightful
    This is an issue that is too important to leave to congress. I want to get in trouble for blogging linking to websites. This law will be challenged in court.

    What is the dollar value of talking to your friends about the election? What about standing on the street corner plugging your candidate? Those signs that people love to have in their lawn, how much is that advertising space worth?

    If you wanted to be a complete prick you could assign a value to wearing a button and wearing a t-shirt with candidates names on them.

    This is just another prime example of how we are losing our rights slowly.

    1. Re:I want to challenge this in court by Caiwyn · · Score: 3, Insightful

      Yeah, but you're losing your rights because you're not willing to fight for them.

      Thirty years ago, Lenny Bruce fought tooth and nail against indecency laws, though it cost him everything he had. He died bankrupt. But thanks to him, other entertainers enjoy a lot of freedom.

      The RIAA is pushing people around in lawsuits that would substantially hurt those individuals financially if they were to fight. None of those cases are going to court because it's cheaper to settle.

      To quote Parker and Stone, freedom isn't free. It is hard won, and costs people their reputations, their standing, their money, their careers, and even their lives in extreme circumstances. If you want to keep your freedom, you have to be willing to sacrifice for it.

      Otherwise, you're just bitching until someone else pays the price for you.

  15. and this is surprising how? by isotope23 · · Score: 2, Insightful

    the Sixth -
    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

    This is dead. Supreme court has ruled you DO NOT have the right to a jury trial if the sentence has a maximum of six months, PER CHARGE.
    Combined with the patriot act, and the inability to confront witnesses I'd say the sixth is toast.

    The Third -

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    The patriot act shredded what was left of this.

    Add to this the fact that Juries are NOT informed that they are allowed to judge the MERITS of the LAW as well as a person's guilt or innocence.

    I could go on, but I think you get the picture...

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  16. LIke Nixon and Muskie, you mean? by ianscot · · Score: 3, Insightful
    Having candidate (a) hire a spammer to spam for candidate (b) just before an election comes to mind.

    So if I'm, say, Bush, I could have my "Swift Boat Veterans" group, or the equivalent, SPAM in a deliberately offensive way 'on behalf of' John Kerry.

    That's basically what Nixon used CREEP to do with paper materials: he had fake campaign literature to hand out at Muskie rallies, distorting Muskie's actual positions. (It's also what Karl Rove did in college; he describes that now as a "youthful indiscretion.")

    Near as I can tell, though, SPAM isn't the issue. The abuse we've seen like this has been equivalent to the Swift Boat Vets' efforts -- like the Bob Jones University e-mails implying that John McCain had fathered a mixed-race child out of wedlock during the 2000 primaries. That kind of poison you want to target to a receptive audience, not SPAM to the world. So, back to building address lists...

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
    1. Re:LIke Nixon and Muskie, you mean? by Zeinfeld · · Score: 2, Insightful
      There have been a number of bogus bloggers where a candidate has paid a blogger to write articles for them. Then there have been outright partisan bloggers who have done consultancy work for campaigns.

      I don't have a problem with either so long as it is disclosed. Atrios can go off and work for Media Matters provided he tells people that he is working for a 527 (he did). What I do not like is the submarine campaigns where candidates have been paying bloggers to write dirt about their opponent.

      Regulation is not a bad thing for bloggers, it is good, it means that there is a clearly defined line that states what is allowed and what is not.

      --
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  17. We are already over that line by bluGill · · Score: 2, Insightful

    Read the law that allows the FEC to do this. You will quickly note many other areas where freedom of speech is infringed. This law has already stood in in the supreme court.

    In short, it is too late, you don't have freedom of speech.

    Now I'll grant the freedoms lost are ones most people don't care about, but it is still a loss.

  18. Re:Blog crackdown? Like Iran? by untaken_name · · Score: 3, Insightful

    Why make points when you can make jokes?

    I'm a libertarian. I'm stating that up front, because I'm going to piss off Republicrats and Demopublicans alike and I want any claims of partisanship to at least correctly identify my party.

    When did public political discourse devolve into outrageous exaggeration, name-calling, and vitriol? I know it's been like that among politicians for quite a while, but I can rememebr a time when that was the exception in public discourse, not the norm.

    Look, people: just because someone holds a belief that you disagree with, that doesn't mean they are evil or stupid. I highly doubt that the average Republican agrees with CFR or this measure. On the other hand, I would guess that almost all incumbents, regardless of party affiliation, agree with both. Not every issue has only two sides, and not all issues with only two sides can be split along repub/dem party lines. The kind of discourse you are engaged in will only appeal to those with whom you already agree. While that can be rewarding, is alienating people with whom you disagree really what you want to do? Would you not rather convice them of the correctness of your argument? It seems these days that no one wants to actually convince anyone else. Maybe that's because in order to get someone to listen to you, you must also be willing to listen to them. Everyone wants to be heard these days....but is anyone willing to listen?

  19. Re:Flipping the Script by bigpat · · Score: 3, Insightful

    "Obviously the FEC must ensure that money can't overwhelm debate with press saturation, especially on the less- accountable Internet. But their regulations should control their actual jurisdiction: political campaigns, their management and finance."

    Well, you are starting from the same premise that the FEC and Congress started, that we should regulate campaigns, so you are going to end up at the same point they did. A campaign is not like a corporation, it is not a well defined legal or financial entity. You cannot say that these regulations apply to only one person and not another they have to apply to everyone equally. So, since these regulations apply to the content of speech, they apply to anyone who is supporting or opposing a candidate. So, you have to choose, either you regulate and restrict everyones' political speech or no one's. If you try to restrict the speech of only certain persons such as the candidates themselves and those they pay directly it will be innefective.

    The problem isn't with the execution of campaign finance "reform", the problem is with the goal itself.

  20. Maybe now even the dimmest among us will see... by windowpain · · Score: 3, Insightful

    The McCain-Feingold Act was an outrageous usurpation of our first amendment rights.

    Whether you're left or right, liberal or conservative, fascist or capitalist, if you can read you can understand the plain meaning of the first amendment.

    What part of "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." don't they understand?

    --
    Insert witty sig here.
    1. Re:Maybe now even the dimmest among us will see... by Anonymous Coward · · Score: 1, Insightful

      what part of CORPORATIONS AREN'T PEOPLE don't you understand?

      dumbass.