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Democrats Defeat Online FOS Act

not so anonymous writes "The Online Freedom of Speech Act was defeated in the House of Representatives yesterday. The Act would have immunized political bloggers from having to comply with hundreds of pages of FEC rules." From the article: "In an acrimonious debate that broke largely along party lines, more than three-quarters of congressional Democrats voted to oppose the reform bill, which had enjoyed wide support from online activists and Web commentators worried about having to comply with a tangled skein of rules. The vote tally in the House of Representatives, 225 to 182, was not enough to send the Online Freedom of Speech Act to the Senate. Under the rules that House leaders adopted to accelerate the process, a two-thirds supermajority was required."

106 of 782 comments (clear)

  1. Lovely Omission by ackthpt · · Score: 4, Insightful

    Ok, so I'm dusted. I see that the most liberal of parties opposes what is effectively Free Speech and the party which brought us the Patriot Act is advocating the it.

    This means there's some reason other than what this post appears to say 'Hey, Democrats hate free speech!', like something has been attached which allows oil drilling in Yosemite National Park. From TFA:

    The Federal Election Commission is under court order to finalize rules extending a controversial 2002 campaign finance law to the Internet. Unless Congress acts, the final regulations are expected to be announced by the end of the year. (They could cover everything from regulating hyperlinks to politicians' Web sites to forcing disclosure of affiliations with campaigns.)

    Opponents of the reform plan mounted a last-minute effort to derail the bill before the vote on Wednesday evening. Liberal advocacy groups circulated letters warning the measure was too broad and would invite "corrupt" activities online, and The New York Times wrote in an editorial this week that "the Internet would become a free-fire zone without any limits on spending."
    Ah, there's the Why, a loophole for Campaign Finance law.

    The heading Democrats Defeat Online FOS Act and omission of the Why certainly colours this article. Why the omission? It appears the article poster favours websites/blogs which are covert mouthpieces of a particular interest group spouting dubious facts and leaving out highly relevant facts. Slashdot has effectively been trolled. Was this intentional, Zonk?

    When black apears white or pigs appear to have sprouted wings, there's usually politics behind it, that's where Critical Thinking separates the herd. The Fine Print: We're probably not responsible for content, but in any event we are, we'll deny it.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Lovely Omission by gregjmartin · · Score: 3, Insightful

      of course with the global-ness of the web, isn't it nuts to think that the Us can somehow enforce our laws there? If I really want to, can't I just blog to a uk site and get around all this? So opening the loop hole just formalize what's already the de facto law?

    2. Re:Lovely Omission by eln · · Score: 3, Insightful

      It's pretty disturbing that such an obviously slanted article summary was posted here without the editors even bothering to check the facts. The whole summary basically says "Democrats hate Free Speech." I've come to expect dupes, glaring ommissions, and outright falsehoods from Slashdot, but up until now it had resisted posting blatantly partisan rhetoric.

      The linked article appears to be factual and fair, but the article synopsis certainly isn't.

    3. Re:Lovely Omission by ackthpt · · Score: 2, Insightful
      of course with the global-ness of the web, isn't it nuts to think that the Us can somehow enforce our laws there? If I really want to, can't I just blog to a uk site and get around all this? So opening the loop hole just formalize what's already the de facto law?

      Oh, no doubt about it. You could have your site with .tv tld and most people wouldn't even assotiate it with Tuvalu and you could put whatever you like on it and host it in China or Cuba or Venezuela.

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:Lovely Omission by Anonymous Coward · · Score: 5, Insightful

      Well, most of the time Slashdot does have a political slant. It's just that this articles slant is not like the rest of them, and is slanted in a different direciton.

    5. Re:Lovely Omission by Anonymous Coward · · Score: 2, Interesting

      I submitted the article, and I titled it "Free Speech Rights Taken Away By Politicians". My synopsis was fairly short: "The Online Freedom of Speech Act was defeated in the House of Representatives yesterday. The Act would have immunized political bloggers from having to comply with hundreds of pages of FCC rules." The rest was added by the editors, including the title.

    6. Re:Lovely Omission by ackthpt · · Score: 2, Insightful
      Why does our Congress allow for bills to have riders, etc? Why can't we say "there must be one and only one agenda" on a bill?

      It's the "Old Game"

      Like the Fillibuster, both parties have benefited from it over the years and are unlikely to put a stop to it, lest it come back to haunt them. Interestingly the GOP moved to end Judicial Fillibustering, which many old party members were loathe to do, even as the Dems frustrated them. They could find, in a decade, a reversal of political fortunes and find they can't stall appointments of judicial candidates far to liberal for their tastes.

      --

      A feeling of having made the same mistake before: Deja Foobar
    7. Re:Lovely Omission by magarity · · Score: 3, Insightful

      Ah, there's the Why, a loophole for Campaign Finance law
       
      Which still makes it odd for Democrats to oppose it as far as I can tell. In my state the best funded 527 groups are liberal groups.
       
      And this open a completely different can of worms: Campaign spending "reforms" are, IMO, unconstitutional nonsense. There's nothing in the freedom of speech clause that says its only free speech up to a certain artificially imposed spending limit. Things like yelling "fire" in a crowded theatre and libel/slander aren't meant to be restrictions on free speech the way campaign spending restrictions are meant. And there are equally deep pockets on both sides willing to spend to get their side heard.
       
      The few people I've ever know anyone dumb enough to be swayed by a last minute campaign nasty-ad are also the people who don't trouble themselves to go vote anyway.

    8. Re:Lovely Omission by Politburo · · Score: 3, Insightful

      Everything has a slant. There's no such thing as "unbiased".

    9. Re:Lovely Omission by CaptCovert · · Score: 3, Informative

      I know that it's still a cottage industry in many ways, but I'm surprised that web hosting companies in the US aren't up in arms about this. To eliminate Free Speech on the web would be enforcable against US companies, and could possibly send some out of business (SpeakEasy comes to mind).

    10. Re:Lovely Omission by Politburo · · Score: 4, Insightful

      Actually, if you were paying attention, this bill was brought up under a rule that did not allow amendments.

      Bills have amendments for obvious reasons. If someone submits a bill and in the debate it is determined that there is a better way, the bill can be amended.

      There's a few problems with "one and only agenda". First you have to have a defined agenda for the bill. Then you have to decide what falls in and what falls outside of that agenda. One important thing to remember is that it's impossible to amend a bill without the consent of the majority. You don't need a special rule to block 'riders', you just need Congresspeople who will vote against the amendments when they come up.

    11. Re:Lovely Omission by ackthpt · · Score: 3, Interesting
      Why is Venezuela next to China and Cuba in your statement?

      Just another state which is unlikely to bend to the will of America.

      There was some good analysis of Venezuela and South American politics in general on the BBC World Service this morning.

      --

      A feeling of having made the same mistake before: Deja Foobar
    12. Re:Lovely Omission by timeOday · · Score: 4, Informative
      Well, the Democrats did defeat the bill. About the best the editors could have done is put the title of the bill in scare-quotes.

      This is how it always works. It's called a poison pill, and both sides do it. You put together a basically good-sounding bill with some riders which are either pork or serve special interest groups. Then if it doesn't pass, you say "Look! The other side is against national security / eductation / freedom of speech / whatever."

      Besides, the fact is the campaign finance law does regulate speech. It limits parties' freedom to "speak" (e.g. buy advertising) for a candiate. Now, I happen to be in favor of this particular restriction of speech because I think it serves a greater good in preserving democracy (including free speech) in the long run... but you have to realize a lot of people are against the campaign finance laws and see them as an unwarranted limitation on free speech.

    13. Re:Lovely Omission by SengirV · · Score: 2, Interesting

      Exactly. /. and it's posters lean so far left that in the RARE instance an article leans the other way, it sticks out like a sore thumb.

      This says more about those objecting to this article than it does about the article itself.

      --

      Prof. Farnsworth - "Oh a lesson in not changing history from Mr I'm-My-Own-Grandpa!"

    14. Re:Lovely Omission by RobotRunAmok · · Score: 4, Interesting

      D00d, Slashdot article summaries, particularly in the Politics and YRO sections, are slanted and biased ALL THE TIME. You just don't notice it cuz they're biased in the direction you clearly favor.

      It's pretty disturbing

      So see a shrink, and be sure to let us know how that works out for you. I think it's pretty AMAZING that this story got through with such a reverse slant in play. Is /. merely going for the pageviews this will engender? Is small-town-video-game-reviewer-turned-overnight-ma jor-site-front-page-editor Zonk just asleep at the console? Or is it something more... interesting? (There is no user registered as "not so anonymous" -- what up with dat?)

    15. Re:Lovely Omission by goodmanj · · Score: 5, Informative

      In Slashdot, always read TFA, not just the comments on it. In politics, always read TFB (The F'ing Bill). What it says, and what people *say* it says, are often two different things.

      The bill doesn't say "bloggers can post what they like." It says "all Internet communications are immune from federal election rules." That includes not just bloggers, but major media corporations and advertisers.

      The community here knows that there's nothing magical about the Internet. Why should CNN or Fox be restricted in what they show on cable TV, but be unrestricted in streaming live online video to me over the same damned cable?

      TFB needs to be more precise. But amendments weren't allowed, so it was voted down.

    16. Re:Lovely Omission by stlhawkeye · · Score: 2, Funny
      It's pretty disturbing that such an obviously slanted article summary was posted here without the editors even bothering to check the facts.

      Yes. It's always very disturbing that Slashdot article summaries contain clear political slants. At least, it's disturbing when the slant is biased against whatever political cults I happen to agree with. When it's slanted in their favor, it's just good journalism.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    17. Re:Lovely Omission by e_slarti · · Score: 2, Insightful
      I have to agree. When you say "Democrats Defeat Online FOS Act" in regards to this article, there's an agenda. I know slashdot is full of politics (both ways, both annoying) but realistically, that's similar to the rhetoric surrounding The Patriot Act. There's so much more to it than what the bill title and proponent summary is.

      Why do people keep falling for political dog-and-pony shows like this? There are obvious reasons they voted against this, not because "Dems hate free speech!" crap. I'm absolutely sure that most people (Democrat, Republican, Green, Independent, etc.) would like to keep free speech, so just give that part a rest.

      In a related question, when did people start believing that politicians were altruistic and truthful, and that being uncompromising was a sign of validity and truth?

      "If, of the many truths, you select only one and follow it blindly, it will become a falsehood, and you a fanatic."

      A truth unto itself, but don't follow it blindly ;)

    18. Re:Lovely Omission by DonVictor · · Score: 2, Insightful
      The idea that the Democratic party naturally "favors free speech" and the Republican does not, is simple minded. Both parties favor free speech. Both parties "love freedom". People of both parties occassionally bake and eat apple pies. And both parties talk about all of these images and ideas as if they had a patent on them.

      The differences between parties are political philosophy, philosophy of government, and cultural identity. "Policy" is boring to most people, emotion sells. So if you can't or wont think on the level of policy, you are left with emotion. In this case, what you believe about which party is "freedom" oriented, against racism, kisses babies, "cares about regular people", defends the little guy, etc. etc. etc, is simply a matter of which side you listen to. The emotional messages of both parties are nearly the same, but most people listen to "their" party. It's sort of a tribal instinct.

      Policy: The Republican party is stronger on allowing political free speech (this is why they are considered less politically correct, and why they oppose campaign finance reform, which is ultimately an attempt to regulate political speech.)

      Policy: The Democratic party tends to favor "broadening" the definition of free speech to include things like controversial photographic materials, non-word-based self-expression (flag burning, certain kinds of disruptive protests), and other quasi-speech areas.

      Don't get caught in the simple-sugars message of nice-people and selfish-people that both parties spin out for people who don't want to think things through. Rule of thumb: If it feels like an "iMac" commercial, it's empty propaganda. If it feels like a credit card bill, or a draft card, its reality.

    19. Re:Lovely Omission by danheskett · · Score: 5, Informative

      I've got to call BS on your comments:

      Slavery and a lack of rights for women and minorities was against the Consitution.

      This is just patently false.

      1. Article IV Section II establishes slavery as a legal institution:

      "No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. "

      2. Article I Section II establishes the disparate value of free whites and "all other persons":

      "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons."

      The original Constitution emphatically does not provide for the equal rights of all citizens: it differienates between free and non free, recognizes forced labor and the ownership of forced laborers and generally does not do anything which you claim!

      Free speech should be exactly what the Constitution says it is, and that we need additional regulations to protect it means that the Consitution is being shit on, and that makes me sad.
      I wish I could just blindly say I agree, but the Constitution is intentionally vague. Does reporting on your financing abridge your right to a free press? How about forcing food manufactuers to print a lable and put that on their product? How about requiring porn makers to label their stuff with a legal notice? Are these all equal abridgements of the 1st amendment?

      If it really were so black and white I think you'd be sorry.

    20. Re:Lovely Omission by Anonymous Coward · · Score: 2, Insightful

      Well, most of the time Slashdot does have a political slant. It's just that this articles slant is not like the rest of them, and is slanted in a different direciton.

      You took the words right out of my mouth. I thought the world was coming to an end when I saw something that wasn't Bush bashing on slashdot. Within the first few posts were people defending the democrats though. Doing that with the opposite spin gets an instant negative mod. Ironically...the modding down of someone with the opposite political belief is anti-free speech in itself. Readers need to hear both sides of a story. I just wish meta-modding worked. Biased negative mods always get an unfair from me no matter if it's left or right.
      (posting anonymously because left will definitely mod this down).

    21. Re:Lovely Omission by john82 · · Score: 4, Informative

      I've come to expect dupes, glaring ommissions, and outright falsehoods from Slashdot, but up until now it had resisted posting blatantly partisan rhetoric.

      You've got to be kidding. Slashdot has been blatantly partisan for years. Because it was leaning in a direction you agree with you obviously either missed it or ignored it.

      So when a similar light-on-the-facts, misleading headline article appears to say something equally heinous about Republicans, that's okay. But if it happens to Democrats that constitutes a conspiracy?

      Staying more on topic, I'd like to know why ANYONE in Congress is allowed to attach a rider that doesn't have a thing to do with the original bill. Congress would have to change their rules to prevent it, but both major parties apparently are addicted to this sort of nonsense.

    22. Re:Lovely Omission by Just+Some+Guy · · Score: 2, Insightful
      Why should CNN or Fox be restricted in what they show on cable TV, but be unrestricted in streaming live online video to me over the same damned cable?

      Good point. All restrictions on the abilities of the press to deliver information - regardless of medium - are patently unconstitutional and should be removed immediately.

      --
      Dewey, what part of this looks like authorities should be involved?
    23. Re:Lovely Omission by _Sharp'r_ · · Score: 2, Informative

      The bill (One of the shortest you'll see) says:

      Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following new sentence: `Such term shall not include communications over the Internet.'.

      The existing law section 22 is:

      (22) Public communication. The term 'public communication' means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising.

      So yeah, the Democrat's are against Free Speech on the Internet. The (GP) argument that they are also against Free Speech in general and Free Political Speech in particular isn't some sort of massive loophole trying to be created, it just means that they are being consistent in their opposition to Free Speech.

      Those of us who agree with the Constitution 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." wish the bill was simply to delete all of the laws that prohibit political speech in the U.S. That way maybe people who aren't billionaire liberals like George Soros might be able to compete without having to hire a bunch of lawyers first to find the loopholes.

      And yes, "paying for advertising"="speech".

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    24. Re:Lovely Omission by Wellspring · · Score: 4, Interesting

      Excellent point. I appreciate your honesty about this, because there's a lot of noise out there that tries to obscure the core issue.

      For the rest of you, if you're in favor of regulations on free speech, then just come out and say so. Explain your reasoning, talk about extenuating circumstances, just like timeOday has done. Stop pretending that this isn't a limitation on free speech.

      The Supreme Court has struck down numerous campaign finance laws over first amendment issues (Buckley vs US, anyone?). Former house majority leader (Democrat) Dick Gephardt responded by suggesting that the First Amendment be changed to allow campaign finance limits. The current SCOTUS has ruled that campaign finance IS a limitation on free speech, but that extenuating circumstances (making things appear less corrupt) justifies it.

      For my part, I'm opposed to any attempt by do-gooder meddlers to limit free speech just because they think that paid advertising == mind control. Inevitably, this is an attempt to control and limit debate and free discussion. The FEC has ruled that blogs will be regulated and controlled by the campaign finance laws, and the defeat of this bill (to stop the menace of banner ads and popups) reaffirms that this is the Law of the Land.

      If you're a Democrat, do the decent thing and be embarrassed. Your party isn't right all the time, any more than Libertarians or Republicans are. Admit that your side got this one wrong, contribute to the EFF, and go to local party meetings and tell them that as a loyal democrat you're astonished that you'd see normally smart good people doing this.

      I'm a Republican, but I try to have the intellectual honesty to admit when my party has it wrong-- which we often are. You're doing your party a service by keeping them honest.

    25. Re:Lovely Omission by incom · · Score: 3, Insightful

      Wrong. Slashdot is certainly far left , in the realm of freedoms and social issues , but quite the opposite in financial matters. It's been said before, the slashdot average is close to libertarian, although there are vocal minorities of all stripe. Just because the majority here are anti-bush, doesn't make the majority here far-left liberals, no matter how oft repeated the assertion.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    26. Re:Lovely Omission by saltydogdesign · · Score: 2, Insightful

      1) A great many slashdotters are libertarians, which != lefty.
      2) The reason the summary sticks out like a sore thumb is because it is so obvious that it is hiding an essential fact about the article. If someone posted an article stating that the Republican party was trying to create a tax system with 25 brackets, someone here would nail that too.

      --
      // This is not a sig.
    27. Re:Lovely Omission by el+americano · · Score: 2, Insightful

      Why is Venezuela next to China and Cuba in your statement?

      Are you feigning surprise? The comparison to Cuba is especially obvious. The way things are going, you can expect to be mentioned in the same breath with Zimbabwe, Iran, Libya, North Korea, and Syria.

      Try not to be surprised.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    28. Re:Lovely Omission by GiSqOd · · Score: 2, Insightful

      The community here knows that there's nothing magical about the Internet. Why should CNN or Fox be restricted in what they show on cable TV, but be unrestricted in streaming live online video to me over the same damned cable?

      I think your point is well intentioned, but there are a few difference between what's shown on TV and what's available on the internet:

      1. Most TV news is available over public airwaves, web content is available at privately owned websites. If Bob, Fox News, or MoveOn.org want to put up something on their own website, what's the federal government's interest in regulating that?

      2. Watching campaign ads via television is a pretty passive experience. I'm watching a show, and suddenly I'm unexpectedly watching a commercial about how Senator So-And-So eats babies and burns down orphanages. That's fine, comes with the territory, but it's not like I asked to be shown a political ad. On the internet, however, if I'm reading a story about Senator So-And-So's views on an issue, it's really likely that I went looking for that information on my own.

      In my experience, it's always a good idea to err on the side of more free speech rather than less. While reducing the ability of rich parties and rich people to unduly influence elections is a noble goal, campaign finance reform has been a real mixed bag vis-a-vis free speech. Maybe you can make the case for regulating political speech on television (equal time, etc.), but regulating it on the internet is asinine.

      If the GOP/Dems want to prop up a bunch of phony blogs touting how great their platforms are, let them live and die based on the strength of their arguments. People will continue to read the blogs they've come to know and trust. Do you read spam blogs now? If not, why would you read a hollow party-machine political blog in the future? And if (by some minor miracle) one of these big-money blogs makes a valid, interesting point, how has that adversely impacted the free exchange of ideas?

      Let anyone put up whatever website they want. We can think for ourselves.

  2. FEC....not the FCC by cdrudge · · Score: 4, Informative
    The Act would have immunized political bloggers from having to comply with hundreds of pages of FCC rules.
    FCC - Federal Communications Commission
    FEC - Federal Election Commission

    FCC tells you what you can say on the airwaves. FEC tells you what a politician can say (during elections).

    Learn the difference.
  3. It's not just blogging! by Kelson · · Score: 5, Interesting

    From TFA, here's the full text of the bill:

    Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following new sentence: `Such term shall not include communications over the Internet.'.

    That means that, if it had passed, anything posted on the Internet would be exempt from campaign finance laws. That means advertisements, editorials, etc. That means it would be perfectly legal for a political party to use campaign donations to hire people to write political blogs that they might not otherwise have written on their own time, initiative, and opinions. That means hiring people to comment on message boards and other people's blogs. In other words, it means astroturfing.

    You may think this is a good thing, in which case it ought to be extended to the print and real worlds -- just remove all those limitations in the first place. But if you think we should be limiting the effect that money has on election campaigns, what makes the Internet special?

    As it stands, anyone blogging on their own time already has free speech on the internet. So let's not cast this as a blogbing issue.

    1. Re:It's not just blogging! by Steve+B · · Score: 5, Insightful
      But if you think we should be limiting the effect that money has on election campaigns, what makes the Internet special?

      The fact that it is uniquely easy for J. Random Citizen to disseminate his own message of rebuttal.

      --
      /. If the government wants us to respect the law, it should set a better example.
    2. Re:It's not just blogging! by Anonymous Coward · · Score: 2, Funny
      That means it would be perfectly legal for a political party to use campaign donations to hire people to write political blogs that they might not otherwise have written on their own time, initiative, and opinions. That means hiring people to comment on message boards and other people's blogs.
      You mean like MoveOn.org does already?
    3. Re:It's not just blogging! by TGK · · Score: 2, Insightful

      I think that you've touched on something really important here without even realizing it.

      When you're watching television, and a political advertisement comes on, you did not opt into receiving that communication. You did not seek it out, you did not take the initiative to view it. The same is true of direct mail-- it came into your mailbox, and so you're going to at least give it a cursory look.

      What makes those different than the so called "astroturfing" that is mentioned in the grandparent? Quite simply, it is that these are overt and obvious attempts by a campaign to sway your opinion. Astroturfing and blogs (at present) don't have the same kind of restrictions.

      I'm not saying that J. Random Citizen's blog should say "Paid for by J. Random Citizen" at the bottom of each post, but if J. Random Citizen is, in fact, J. Random Campaign Employee, then it definately should make very clear that these views are being paid for by a campaign.

      When Senator Kerry or President Bush's ads ran last year, we saw the "I'm John Kerry/George Bush and I approved this message" at the end.

      Slap that kind of a regulation into place and then rewrite the law to indicate that only individuals not compensated by, or directly volunteering for a regulated political party/action committee/organization are exempt.

      Otherwise, you're turning a decent law into a gaping loophole.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    4. Re:It's not just blogging! by div_2n · · Score: 2, Insightful

      Which should not be affected by this anyway. What WOULD cause J. Random Citizen problems is if he was being paid by a political candidate or related entities. Free speech is what it is. Paid speech isn't. Unless I'm missing something.

    5. Re:It's not just blogging! by Kelson · · Score: 2, Informative

      As I recall, MoveOn is an organization like, say, Swift Boat Veterans for Truth which has an agenda that aligns with a political party but (theoretically) isn't officially tied to that party's fundraising machine. If either group got money from the Bush or Kerry campaign, that's a violation, but as long as they do their own fundraising, they're already exempt -- whether they're on the Internet or not.

      It's all about where the money's coming from.

    6. Re:It's not just blogging! by Kelson · · Score: 2, Insightful

      Good point about limited vs. unlimited resources. If we're just talking about blogs, or individual websites, it comes down to the poster's honesty. ("I'm saying X because I believe it" vs. "I'm saying X because the campaign paid me to say it.")

      But we're not just talking about blogs and individual sites.

      This bill would have made it perfectly legal for the Democratic party to buy every single ad space on CNN. Obviously this is an extreme case -- it would be too expensive and wouldn't return on the investment -- but it should illustrate the point that any regulation that affects print, television, etc. would have been circumvented simply by distributing something over the net. And we're moving toward distributing everything over the net.

      Radio? Broadcast over the web instead of the air, and your restrictions are gone.
      Newspapers? Switch from paper to the web. Same thing.
      TV? We keep hearing about broadband becoming the new method of distribution, and we're starting to see it with ITMS.
      Movies? Same as TV.
      Phones? VOIP.

      Think of anything that campaign finance laws limit. Now, pretend you want an IT patent and add the words "on the Internet."

    7. Re:It's not just blogging! by Procyon101 · · Score: 2, Insightful

      Doubtful. The internet is swamped by paid for porn advertisments and penis enlargement pills... but I still found your comment to reply to. The signal to noise ratio on the internet is very low and no amount of legislation will change that. DISTINCT messages still seem to get through (thanks to search technologies and "reputation"). Constricting new content is not the way to improve signal.

  4. The Relevant Information by byteCoder · · Score: 3, Informative
    Here is the past Slashdot discussion at the bill's introduction. The bill text for HR 1606 can be found here. The bill simply says:
    Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following new sentence: `Such term shall not include communications over the Internet.'.
    The law being modified can be found on page 11 (PDF page 25) of this (warning: large PDF) document, which simply defines "public communication" as:
    (22) Public communication. The term 'public communication' means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising.
  5. What a joke by Politburo · · Score: 4, Insightful

    This is a joke. The Republicans control the House. In the House, the majority does what it wants. While the bill was brought up under a rule that required 2/3rds majority, the Republican leadership could right this very second bring it up as a normal bill that requires only a simple majority.

    It is impossible for the Democrats to stop anything in the House.

    1. Re:What a joke by hanshotfirst · · Score: 2, Insightful

      It was the democrats who stopped this, in this case. Under your premise, if a simple majority were required the bill would have passed the House. According to the heading, the voting was pretty much along party lines, so let's assume that simple majority vote was republican.

      If only a simple majority was needed, the bill would have passed. Instead, the rules required a supermajority, which meant that it would need support from BOTH parties, not just the republican majority. Since the democrats apparently opposed it, that super-majority was not met, thereby blocking the bill by the democrats' action.

      The supermajority requirement actually enabled the minority party to stop the bill, rather than make it impossible.

      --
      Why, oh why, didn't I take the Blue Pill?
    2. Re:What a joke by gsfprez · · Score: 2, Interesting

      The Rs also control the senate, but there are 44 Dems in the Senate...

      and while every single Democrat is against the war today - how was it that the authority to go to war went 99 to nothing in the senate?

      I find it funny that on the War and the Patriot Act, the Dems VOTED lock-step with the Republicans, while a mere 2 years later, are violently opposed to the very things that they voted for?

      Both parties suck in so many ways, its frightening.

      Adults Vote Libertarian.

      --
      guns kill people like spoons make Rosie O'Donnell fat.
    3. Re:What a joke by lbrandy · · Score: 2, Insightful

      Is there a bigger indictment of Slashdot's blatant liberalism? +5 insightful for a post that blames Republicans for a Democratic derailment of a bill... Somehow you've actually found a way to blame the Republicans because a bill they supported didn't get passed....

      How clever of those Republicans... to secretly not want the bill passed, and make the Democrats do all the work and take the publicity hit of shooting it down...

    4. Re:What a joke by Politburo · · Score: 2, Interesting

      FYI - you're not going to win people to your cause by calling them children. Good luck, though!

      A lot has come out since the vote on the authorization for Iraq. You already know it's not as simple an issue as you make it out to be, so I won't explain it again for you. As for the PATRIOT Act, there was no time to read the bill due to the way it was proposed. Days after 9/11, Democrats weren't about to vote against a bill that claimed to provide tools for fighting terrorism.

    5. Re:What a joke by Politburo · · Score: 2, Insightful

      Better get someone to fix that hematoma.

      Suspension Calendar is designed for bills that will have little to no objection, hence the limited debate and restriction on amendments. The two bills that passed are bills that the Suspension Calendar was designed for. Why the GOP chose Suspension Calendar for a bill that would obviously raise objections, I don't know, but thanks for helping me make my point.

    6. Re:What a joke by Politburo · · Score: 2, Insightful

      You're high. There is no filibuster in the House.

  6. Legislation is one thing, enforcement is another.. by dfn_deux · · Score: 2, Interesting

    While I'm as big a proponent of free speech as the next guy, I have to say this will likely have little to no impact on actual internet speech. There won't be a "chilling effect" as some would have you believe. In the end there just isn't the budget or the manpower to enforce the same FCC political advertising guidelines online as are enforced in major boradcast media. and the big topper is that the first time Big Brother tries to enforce this we will quickly see it in front of 9 of the US's top justices whom will in all likelyhood vote to remove FCC regulation from the whole realm of internet publishing.... Anyone who tells you otherwise is just a chickenlittle...

    --
    -*The above statement is printed entirely on recycled electrons*-
  7. The complexity of the issue by Dark+Paladin · · Score: 5, Interesting
    This issue is really very complex, and do make it a simple "up or down" measure I think betrays the very issue of free speech that we're dealing with.

    According to the Supreme Court, campaign finance laws do not violate the 1st Amendment. The argument basically goes like this:

    You can't restrict campaign finance, because that limits free speech.

    SCOTUS: Yes, you can, because then it gives all powers of speech into the hands of the few who can massively pay for it, and restricts "pure" free speech - but if you limit the amount each person/group is able to contribute, then it levels the playing field for speech. It's the equivalent to saying that the guy who can buy a 100 foot tall speaker is just exercising his free speech by drowning everybody else out.


    So, now we're talking about the Internet. And here's the problem:

    If someone has a political blog, that is probably free speech.

    If someone pays a large number of people to have political blogs to support their view, is that still free speech, or is that diluting free speech?

    What's the difference between paying for an advertisement on television saying that "Candidate so-and-so likes to have sex with black people and make bastard babies, don't vote for him!" and a company buying up advertisement on the Internet saying the same thing?

    So, while I don't think that either the Dems or the Repubs have noble interests at heart, this is an interesting challenge. Do you just say "The Internet doesn't have to worry about campaign finance", and give the possibility of the delution of "pure" free speech as discussed by the Supreme Court and previous campaign finance laws, or do you try and put some language saying "If you get money based on your political views, you have to reveal who did it and how much and can only accept X amount".

    I'd rather see a law like the "truth in advertising" - if you're getting money for writing the blog/hosting an ad, you have to state on your web site where that comes from and how much. This way people who are just running ads can say "Google adsense", and those getting it from campaign groups can disclosed if they are a hired gun or not. Granted, there is more to the language than this, but this is just my thumbnail sketch, so if you need to split hairs, at least come up with your own complete language to cover the complexity of the issue :).

    It's an interesting question, and one that *should* be debated for a good and long time. If you notice, this was the failure not of a majority but of a "mega-majority" of 2/3 to pass the bill. Some further debate and clarification of the language should make it palatable to that majority in the end, which I believe is perfectly reasonable.

    Of course, this is just my opinion - I could be wrong.
  8. Uh, that was the WHOLE POINT by the_skywise · · Score: 3, Insightful

    Sites like the Daily Kos can now be subject to campaign finance laws. Which means, essentially, their speech can be regulated during election seasons.

    1. Re:Uh, that was the WHOLE POINT by ROU+Nuisance+Value · · Score: 5, Informative

      And Daily KOS supported the bill's passage. The actual story is *slightly* more complicated than the /. headline would suggest.

    2. Re:Uh, that was the WHOLE POINT by ackthpt · · Score: 2, Insightful
      Sites like the Daily Kos can now be subject to campaign finance laws. Which means, essentially, their speech can be regulated during election seasons.

      Under campaign finance laws they would only be required to divulge sources of funding.

      Even that could be well hidden, say, a voting machine vendor who heavily favors a certain presidential candidate could take out a lot of lucrative ad-space on a site, so long as the views expressed on the site coincide with those of the company.

      *wink* *wink* *nudge* *nudge*

      Right?

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:Uh, that was the WHOLE POINT by Rei · · Score: 2, Informative

      As they don't take money, they're not subject. This bill is all about trashing campaign finance reform laws. The passage of this bill would mean that corporate donors could pump unlimited soft money into *paid* online promotion of their agendas.

      Individuals can say whatever they want. The problem comes when they're spending gobs of money from a few, wealthy vested interests to promote their ideals. There's a popular concept in America that money shouldn't win elections; that's what campaign finance law is for. This is simply a bill that is designed to plow a hole into the McCain-Feingold act wide enough to sail the Jahre Viking through, and the summary that Slashdot gave is an heavy distortion of the truth.

      --
      "99 dead duelists of Dios on the wall. 99 dead duelists of Dios! Take one's ring, pass it around..."
    4. Re:Uh, that was the WHOLE POINT by gb506 · · Score: 4, Insightful
      This bill is all about trashing campaign finance reform laws.

      No, it isn't. It's about exactly what it says it's about, which is exempting some opinionated dude in his pajamas from having to hire lawyers and accountants in order to exercise his first amendment right to free speech. The fact is that in the last election cycle the Dems got their asses handed to them due to their inability to uphold the status quo, which is (was) being able to rely on the main stream media to play the role of gatekeepers w/ regard to the message being put forth by a candidate or organization.

      This isn't about trashing McCain Feingold, it's about preserving an idividual's freedom of speech within the political process. There is no difference between a blogger and some dude in a bar rattling on about politics.

    5. Re:Uh, that was the WHOLE POINT by Arandir · · Score: 3, Interesting

      There's a popular concept in America that money shouldn't win elections

      Actually, money doesn't win elections in America. That's why we didn't get Perot as President. It's why Forbes didn't get the nomination.

      Correlation does not imply causation. Read "Freakonomics". It covers this specifically in one section, and shows you the statistics. Money is not the cause of winning elections.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    6. Re:Uh, that was the WHOLE POINT by Golias · · Score: 4, Insightful

      This isn't about trashing McCain Feingold, it's about preserving an idividual's freedom of speech within the political process.

      That's too bad, because the more I look at it, the more convinced I become that it's not possible to preserve an individual's freedom of speech without first trashing McCain/Feingold.

      Upholding Campaign Finance law was the second-biggest mistake of the Supreme Court in the last ten years. The first, obviously, was their brain-dead Emminent Domain ruling. Why is it that the so-called "progressives" in American politics seem to be the ones in the biggest hurry to take my rights away?

      --

      Information wants to be anthropomorphized.

    7. Re:Uh, that was the WHOLE POINT by bluGill · · Score: 2, Interesting

      No, but if you read the article, and the links it shouldn't be a surprise. They said they were betrayed by their own side (this doesn't say which side is theirs, you have to read more to guess). In other links from that page the listed all the democrats who voted for this, and asked supporters call and thank them - no mention of republicans. There was no mention that most republicans supported this.

      All that is fair, but I wish people who be honest when they are betrayed by their own side and defended by the other, and thank the other side. Their call though, most people don't have the guts to admit that the other side isn't 100% evil. At least they didn't spread lies about republicans in any of the links I spread.

    8. Re:Uh, that was the WHOLE POINT by TheWickedKingJeremy · · Score: 4, Insightful

      Money is in fact extremely important to our elections, which is unfortunate. The fact that some very rich men (Perot and Forbes) lost to other very rich men (or, rich/entrenched political parties if you prefer) does not defeat this notion. These clowns spend a fortune on some of these political races...

      Media favor is probably the most important factor in elections... money is important because it can influence media favor to some degree.

      --

      my religion lies somewhere between buddhism and super monkey ball - pamphlet?
  9. Re:That's a switch by jeremycobert · · Score: 3, Insightful

    they are, as long as you agree with them :)

  10. Re:Freedom of speech had nothing to do with it by Politburo · · Score: 4, Interesting

    Wrong! The bill was brought this up under the Suspension Calendar rule which allows a short debate and no amendments. Democrats had problems with the wording of the bill. Because they could not amend it, they had to vote against it.

  11. More detailed information by Profane+MuthaFucka · · Score: 4, Informative

    Daily Kos has an article on this with a bit more information. This one actually goes into reasons why the Dems voted againt it. Daily Kos disagrees with the Dem's reasons, and was in favor of extending the free nature of blogs.

    http://www.dailykos.com/storyonly/2005/11/3/112540 /088

    Note that the act can still be brought up for a vote under normal rules and passed. The defeat was under special rules intended to speed the process.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  12. Why? by 31415926535897 · · Score: 2, Insightful

    Why does there have to be an Online Freedom of Speech Act? Why does there have to be anything other than the First Amendment? I am tired of how much our "free speech" has become regulated since the founding of this country.

    The other thing that bothers me is the two party political system. Why wouldn't democrats want to protect our speech online? It seems all they're interested in is opposing the republicans these days (I used to be a republican, but I don't think they stand for conservatism anymore, so I'm libertarian/independent/non-incumbant now).

    We need politicians that will bring us back to the freedoms our country enjoyed two hundred years ago, but everyone is interested in towing the party line--it seems even the voters. If you are of voting age, and in the US, please consider third-party candidates in the '06 congressional elections. I want to be part of a larger group than 0.5% of the population.

  13. Not sure the dems were ever friends of free speech by inverselimit · · Score: 5, Insightful

    Remember who signed the DMCA--Clinton. I think free speech in the slashdot, eff sense is really quite orthogonal to party lines.

  14. READ THE DAMN ARTICLE by RingDev · · Score: 4, Informative

    This is not an encrouchment on your right to free speech. This just applies existing election campaign laws to internet communication.

    You can still post your political party bashing blog. Now you just can't get paid insane amounts of money to do so with out the backing party acknowledging it.

    Nothing to do with your rights. Everything to do with campaign finances.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  15. Question for the poster... by pdo400 · · Score: 2, Funny

    ...were you paid to submit this here?

    --
    --
  16. Aaaargh! by Slartibartfast · · Score: 2, Interesting

    Once upon a time, I was a Democrat -- and damn proud of it. Democrats have a wonderful and storied history of going to bat for the little guy. Be it gender, race, disability, religion... you name it, the Democrats were willing to support those unfairly accused or biased against.

    And then came the 90's.

    Bill Clinton still did many good things -- but one of the worst things he did (IMNSHO) was to cause the Democratic party to lose its identity. He frequently took Republican initiatives, rubbed off the serial numbers, and called it "Good." Then came Gore & Kerry -- both of whose campaign platforms could be summed up as "I'm not George W. Bush."

    Then we have stuff like the DMCA and the Sonny Bono act, both of which should have been squashed by traditional Democrats... and instead are supported by them.

    I'm disgusted. Bring back a JFK. Bring back a Roosevelt! Hell -- even Carter! He made some really dumb mistakes, but nobody doubts his sincere willingness to try to do what he felt was best -- as his continued works with Habitat for Humanity show.

    Instead, we get Ted (The One That Wouldn't Go Away) Kennedy, we get Tom (I'm a waste of space and air) Daschle, we get antagonists, footdraggers and backpeddalers.

    God, I hope McCain runs next time. I'll vote for him before most any Democratic contender I can think of. Perhaps that's why I'm now a registered independent. *sigh*

  17. I am obligated to respond... by lbrandy · · Score: 2, Insightful

    I've come to expect dupes, glaring ommissions, and outright falsehoods from Slashdot, but up until now it had resisted posting blatantly partisan rhetoric.

    You must be new here.

  18. Re:mirror world? by Just+Some+Guy · · Score: 5, Insightful
    i would have expected the party breakdown to be 180degrees opoistite this...

    can someone explain?

    Sure. In a nutshell, you've been lied to. I would never assert that the Republican party has always vote pro-Freedom (yeah, we wrote the Patriot Act. Sorry about that.), but censorship has often been a Democratic pastime. Remember, the DMCA was signed by a Democrat president, and the PMRC was a pet project of Tipper Gore.

    And yet, to hear liberal groups tell it, it's always the Evil Republicans (tm) who want to silence everyone. The truth is far more complex, but how often do you hear of both parties' sins?

    P.S. I don't know which party Jack Thompson affiliates with. I won't blame either party for that nut.

    --
    Dewey, what part of this looks like authorities should be involved?
  19. Re:mirror world? by Create+an+Account · · Score: 3, Insightful

    Disclaimer: I am mostly Republican.

    The issue is that the bill would have allowed almost unlimited political spending on the Internet. The Republicans almost always have WAY more money than the Democrats, but how they can spend it is sharply constrained by campaign finance laws. The Democrats do not want to allow the Republicans to 'buy' the election by spending vast amounts of money on unregulated messages over the Internet.

    Rep: "Pass this bill" so we can pay people to blog for us with no oversight.
    Dem: "Stop this bill" or we will lose our asses in the next election.

    It's not about free speech, really. It's about campaign finance and tactics.

  20. IT'S NOT ABOUT PROTECTING FREE SPEECH by DrJimbo · · Score: 4, Insightful
    This bill had nothing whatsoever to do with protecting free speech. Independent bloggers already have free speech and this amendment would not have enhanced their free speech.

    The amendment would have created a loophole in campaign finance reform and allowed unlimited political spending on the web. The amendment would actually suppress free speech to the extent that independent views could be drowned out with politically financed astro-turfing.

    In the fine tradition of many other laws and bills that have surfaced over the past five years, the intent of this amendment was the exact opposite of that implied by its title. If Orwell were alive, he'd be rolling in his grave.

    Slashdot: faux infotainment for nerds.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
    1. Re:IT'S NOT ABOUT PROTECTING FREE SPEECH by pi_rules · · Score: 4, Funny
      If Orwell were alive, he'd be rolling in his grave.
      If Orwell were alive, he wouldn't be in a grave.
  21. Democrats and Campaign Reform... by Anonymous Coward · · Score: 3, Insightful

    Ultimately, the Democratic position would probably limit free speech among bloggers to a certain extent. The problem has to deal with the "Schenck v. United States", where a person has a limited amount of time to make a decision based on statements that he/she has no ability to verify (because of that time).

    New campaign laws seek to limit the type/amout/method of information being disseminated in the weeks directly before election. Let me give an example...

    Lets say a large group of bloggers decides they want to impact an election. 2 days before an election one anonymously blogs that Candidate X was accused of date rape in college and that the accuser is afraid to come forward. The day before the election, all of the other bloggers pick up the story and start talking about it in huge numbers. Then, the day of the election, every voter has to make a decision of risking to vote for a date rapist. I know this sounds silly, but it was a very effective strategy against a college student body president campaign at my alma mater only a few years back. A similar strategy was employed against a Republican candidate for house in 1996 in NC (although it wasnt bloggers, it was a mass mailing).

    While there is no precedent against bloggers, it seems silly - I think - to give them a complete immunity when it is very possible (if not inevitable) that such an immunity would create a haven of this kind of attack.

    The most important speech that must be protected is the vote.

  22. Dems save /. by Puhase · · Score: 3, Insightful

    Can you even imagine having the RNC pay 5-10 people a day to create a bunch of accounts on here to post on political articles of relevance? You may be thinking that no one would care enough to do it, but with the kind of money involved, they could hire 50-1000's to do it on as many American news sites/blogs as they wanted. All of that aside, its nigh impossible to enforce broad internet legislation that is not copyright oriented (so the RIAA pays for its enforcement).

    --
    I am and always will be a stereotype, because who in their right mind prefers mono?
  23. Re:Not sure the dems were ever friends of free spe by Zak3056 · · Score: 4, Insightful

    Remember who signed the DMCA--Clinton. I think free speech in the slashdot, eff sense is really quite orthogonal to party lines.

    And a Republican congress passed the law to begin with. Both major parties have similar agendas in this regard--most people, sadly, choose to ignore that fact and simply spout "my party is all that is good and light. Your party is teh suck" tripe.

    --
    What part of "shall not be infringed" is so hard to understand?
  24. Re:That's a switch by dgatwood · · Score: 2, Informative
    Even the Democrats believe in time, place, and manner restrictions, which the FEC rules fall within.

    There are lines between political speech and paid political speech. As long as somebody is speaking his/her mind without being paid, free speech for political reasons is nearly absolute (short of slander and libel, but even then, the burden of proof bar is set pretty high). As soon as money changes hands (e.g. a person being paid to say that a candidate is wonderful, someone being paid to say that they use brand x toothpaste when they really use brand y, etc.), the rules change dramatically and always have.

    The bill, as written, would have substantially blurred those lines. If you are taking money from any political group, whether through ad revenue or otherwise, you have an obligation to disclose this fully. That's what these laws are about. It's that simple. Exempting bloggers and online communication would just mean a whole new flock of internet advertising with no money trail, potentially with the ability to say nearly anything, no matter how outrageous, and get away with it. Astroturfing is just the tip of the iceburg. Under the relaxed rules proposed, we could see all-out news stories that border on political party-financed libel, again with no disclosure.

    I'm not saying that I think bloggers should have to go through the same legal hurdles as somebody doing ad copy for the RNC, but to say that all internet communication across the board is exempted, and to not put -any- rules on blogging (including blogging that is paid for by advertising dollars from political groups) would be disastrous.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  25. "Most liberal of parties" by PCM2 · · Score: 2, Insightful
    I see that the most liberal of parties opposes what is effectively Free Speech and the party which brought us the Patriot Act is advocating the it.
    Umm... most liberal? You are talking about the Democratic Party in the United States, right? Next you'll be telling me that the Republicans are practicing conservative fiscal policy... you know, small government, less spending, etc...
    --
    Breakfast served all day!
    1. Re:"Most liberal of parties" by ErikTheRed · · Score: 4, Insightful
      Umm... most liberal? You are talking about the Democratic Party in the United States, right? Next you'll be telling me that the Republicans are practicing conservative fiscal policy... you know, small government, less spending, etc...
      Thank you. It always floors me when I look at how emotional people get over one party or the other. If people would pay more attention to their actions than their rhetoric (especially over a period of time greater than a decade), they'd find they're disturbingly similar.

      Myself, I vote for politicians (while holding my nose), not for parties.
      --

      Help save the critically endangered Blue Iguana
  26. If this bill passed... by greg_barton · · Score: 4, Insightful

    Consider this scenerio:

    Some PAC raises one million dollars from unlimited, unreported donations.
    They use the money to pay 1000 bloggers to promote their issue.
    They don't need to report that these bloggers work for them, or how much they get paid.

    Rinse. Repeat.

    Is this free speech?

    1. Re:If this bill passed... by rtb144 · · Score: 3, Insightful

      Yes this is free speech. What the $@#! do you think free speech is? A PAC represents people and corporations that are organized by people. Their speech counts too. So who cares how much money is spent. Right now, people with money can hire attorneys and law specialists that can find loopholes in these obscure and confusing laws. These laws only affect people with limited resources. You are fooling yourself if you think otherwise. These laws are to allow incumbents to be reelected time after time. You are a fool who buys into what you are spoon fed. Think about how much you value your own rights before you try to abrogate those of others.

      --
      Sie ist tunbar!
  27. Dems da feet by Anonymous Coward · · Score: 2, Insightful

    The Democrats have neither sufficient numbers in the House, nor rules favorable to allow them to defeat anything. In the House the Republicans rule. Everything that happens in the House happens at the discretion of the Republicans. The title of the article should have been "Large numbers of Republicans break ranks to defeat bill...", but that's not something a right-leaning reporter would ever say because it implies that Republicans are not 100% in agreement on something.

  28. Comment removed by account_deleted · · Score: 2, Interesting

    Comment removed based on user account deletion

  29. Re:Somewhere, somone said..... by idsofmarch · · Score: 2, Interesting
    You had me until you wrote this: This helps the Democrats more since the Moveon.org's [sic] of the world will continue to be powerhouses on the net, while TRUE grassroots organizations get f'd.

    If Moveon.org isn't a sucessful grassroots organization then what is? Swift Boat Veterans for Truth? Actually, the law was problematic since it delinated the Internet from all other media, effectively allowing anything goes on the largest and widest media ever known. This was a bad bill and should have been killed. We want transparency, we want bloggers and other Internet media outlets to show where their funding comes from in order to separate honest viewpoints from propaganda.

    --
    Anyone who whines about being modded down should be.
  30. Re:mirror world? by Enry · · Score: 4, Informative
    and the PMRC was a pet project of Tipper Gore

    from TFWA:

    They included Tipper Gore (wife of Senator and later Vice President Al Gore); Susan Baker, wife of Treasury Secretary James Baker; and Nancy Thurmond, wife of Senator Strom Thurmond.


    So 1 democrat + 2 republicans = democratic project?

  31. Neither party respects our liberties by jordandeamattson · · Score: 4, Insightful

    Hi All -

    The reality is that neither party respects our liberties (i.e., fully embracing both the enumerated and unenumerated, and retained rights as outlined in the 10th Amendment of the Constitution). They tell us to look at the US Constitution and ask "where are you given that right?", rather than asking the question Madison would have, which is, "where did you give up that right?"

    Both political parties have a shared monopoly on power (I think we called this a duopoly in Econ 101), and will resist any attempt to take away this power. Yes, they will jostle for advantage over one another, but when this duopoly is threatened they will unite against it (see, opposition to any redistricting reform by the mainstreams of both the Republican and Democratic parties in California).

    Looking back at the 2004 election, the mainstream of the Democratic party was hit right between the eyes by the power of the Internet and Blogs, as demonstrated by the insurgent campaign of Howard Dean. The look at this and wonder what it might have been

    Couple this with that there are still a few Republicans who value liberty (as understood through the lens of enumerated and unenumerated rights), over staying in power, and you see why this got fair broader support among them.

    This isn't the first time something like this happened. Rewind back to the election of 1968, and TV was the breakout media. Eugene McCarthy used it effectively in New Hampshire to force Johnson from the primary process. Nixon and Wallace (running one of the most effective 3rd party campaigns since Teddy Roosevelt (even if I despise what he represented), used it to great benefit.

    So, in the Congress following this election what happened? An incredible level of restrictions on TV in political campaigns were put into place, which effectively put access to TV in the hands of those in power.

    Like McCain-Feingold (and I say this with the greatest respect for both of these gentleman), giving the FEC oversight of Bloggers will only diminish the level of free speech and dialog in the public square. The internet and blogs dramatically reduced the barriers to entry to commentators, because as A.J. Liebling noted, "Freedom of the press is limited to those who own one." All of a sudden, a whole lot of people now could own the equivalent of a printing press. And the result is as you would expect (applying Sturgeon's Law that 90% of everything is crap), with a lot of nonsenses and garbage spewing forth, but a few gems mixed up in the overall stream.

    If I had my magic legislative wand, and could make one change to improve the political process in this country, I would wave it and do away with our FEC as it exists and our various restrictions on political spending and embracing Justice Brandise maxim, "sunlight is the best disinfectant; electric light the best policeman", I would require the following:

    1. That within 24 hours of any political donation being made, that this fact be posted for all to see and search on the Internet. Any legislation in which this party has an interest will also be identified. If this donation was made by a PAC, then the membership of that PAC must be clearly visible (i.e. I can follow the money).

    2. For scheduled meetings, 24 hours in advance, and for unscheduled meetings within 24 hours, any meeting with a lobbyist (defined as someone educating on an issue or requesting legislative action) will be disclosed for all to search on the Internet. The topic of this conversation will be disclosed along with any legislation discussed or related to the topic of conversation. The source of funding for this lobbyist, organization, or individual, must be made transparent, all the way back up the chain. If Lobbyist A was hired by Organization X who received funding from PACS 1, 2, and 3, who in turned received funding from PACS 4, 5, and 6, I should be able to follow it all the way back to the companies and individuals making the donations.

    3. The calendar of all members of the Legislative and Executive branches, along with their staff members, will be made available and search-able on the Internet. Common, unique identifiers will be used to enable cross referencing.

    Yours,

    Jordan

  32. This reminds me of the "motor-voter" debates by StressGuy · · Score: 2, Insightful

    Bear with me, this connects

    Not to long ago, an idea was presented to link voter registration with getting your driver's license. The underlying idea, reportedly, was that, by making it easier for the average adult to register to vote, there would be a greater population of registered American voters thus making elections more reflective of "the will of the people".

    Seems like a good idea really, but the debates on C-SPAN went a little differently

    The Republicans were not happy and saying that this was just a ruse to get a disproportionate number of Democrats registered to vote. The implication is kind of interesting. Apparantly, Republicans (and likely Democrats) were of the opinion that persons of the GOP were more likely than Democrats to register without the assistance of the "motor-voter" legislation - at least that was my interpretation.

    With the present situation, the implication seems to be that Republicans have more cash reserves than Democrats and, by making blogs not susceptible to campaign fund contribution limits, they can more easily use that advantage.

    So, both sides seek to exploit a "hidden" advantage in a particular legislation. It's like the old saying, for every endeavor there is a "good reason" and the "real reason".

    and the games go on

    --
    A goal is a dream with a deadline
  33. Epiphany by Marko+DeBeeste · · Score: 2, Funny
    FIRE IN A CROWDED THEATRE!!

    There. I said it. Come get me.

    --
    Faith: n. -- That human impulse that drives them to steal appliances when the power goes out
  34. Re:mirror world? by rk · · Score: 5, Insightful

    Remember, the DMCA was signed by a Democrat president

    And passed by a Republican majority congress. The sins of both parties are legion, and whenever someone comes around to challenge the status quo, left or right, they band together and squash the threat.

    It is so funny to me to listen to the Democratic Party's newly found fondness of federalism, where for 40 years prior they treated support of states' rights and federalism as mere code words for supporting racism and segregation, and out of touch with core American values. Now that they're outnumbered at the federal level, they have all kinds of respect for checks and balances and fiscal responsibility.

  35. Re:Rewind a bit by magarity · · Score: 5, Interesting

    Amusing conspiracy rant but it doesn't have anything to do with 527 groups. To make my point, here is a URL for the list of the top 527 groups nationwide:
    http://www.opensecrets.org/527s/527cm tes.asp?level=C&cycle=2006
    Note that of the top 10, only numbers 4,5 and 7 are Republican and only one, 9, is reasonably non-partisan.

  36. Re:mirror world? by Just+Some+Guy · · Score: 2, Insightful
    So 1 democrat + 2 republicans = democratic project?

    It does when the one Democrat was on every TV and radio show to explain how censoring kids' music would make them happier, healthier, and safer. I'm pretty sure she invented the phrase "think of the children!".

    Both sides of the aisle were in on this one, but Tipper was definitely the starring attraction.

    --
    Dewey, what part of this looks like authorities should be involved?
  37. Re:That's a lot of trouble to go to by PhreakOfTime · · Score: 4, Insightful

    Somehow the parent was modded 'insightful'?

    Ignorance has covered the land, eh whos suprised?

    This bill in NO WAY will effect your ability to post whatever you want on your website, UNLESS you recieve money from somebody in a political party to post said content. You can post or publish ANYTHING you like, as long as you do it with your money. In no way would that restrain your ability to read other people who run, and edit THEIR OWN blogs. And then, EVEN IF these websites recieved such money, the only thing you would notice is the disclosure of WHO paid money.

    For some reason, this is being posted with a title that disparages democrats, when in actuality they struck down a bill that would have made the funding source similar to CLOSED-SOURCE software, ie you cant look at it. Or by striking down this bill, the funding stream FOR EVERYONE has to BY LAW be disclosed just like everywhere else, ie OPEN-SOURCE. I mean isnt that the republican line on all this Patriot Act smoke and mirrors? The basic line of thinking, if you arent hiding anything in your funding sources, why wouldnt you want to disclose them? If you stopped listening to the rhetoric, you wouldnt get caught up in such inconsistancies of logic.

    Stop being such an uninformed alarminst!

    On a side note, I stopped having stories posted by 'Zonk' display on my slashdot homepage, because they were just garbage and it made me start to stay away from this site. The only way I noticed this article was by logging in on a computer that wasnt mine. It was amazing how much removing just that single editor made a difference in the percieved, and actual, quality of slashdot.

  38. Re:mirror world? by Liam+Slider · · Score: 5, Insightful

    And the Republicans AND Democrats have way more money than every other political party...where's the laws bringing that into balance? Oh wait, we third party people don't even argue about that... We just want elections that are fair where when we get on the ballot we don't get dragged into local courts by the big parties with them arguing we should be taken off because we have no chance to win...because we aren't them... where our Presidential candidates, if they are on enough ballots to (in theory) get enough electoral votes to win, can participate in Presidential debates...where the ballot boxes aren't stuffed and voting machines aren't rigged (both big parties guilty of this)... In other words, we want Free and Democratic elections in the United States (well....everyone sems to want them for Iraq, or this or that third world piss poor country, only fair we should want them here.) That would be election reform. Who gives a shit about "campaign finance" at a stage where everything else is broken?

  39. How is this the Democrats fault? by RayBender · · Score: 2, Insightful
    Last time I checked the Dems were in the minority in the House. Which means that the Republicans are the ones who set the rules - and if they had wanted it to pass badly enough, they could have easly arranged for it to only need a simple majority. They certainly aren't above changing rules to suit their needs in the Senate (e.g. the nuclear option). So this ain't the Dems fault.

    That aside, it's not clear to me that the rules are such a bad thing. They basically say that if a political party spends campaign money on the Web then it has to be reported - just as the case if said party spends money on TV ads. This is perfectly reasonable. Despite what some party-funded astroturfers would have you believe, this does NOT restrict J. Random Blogger from posting whatever he wants. It just says that if he gets money from the RNC, the RNC has to report it.

    --
    Human genome = 3 billion base pairs = 6 GBit. Windows + Office = 20 Gbit. Which is more impressive?
    1. Re:How is this the Democrats fault? by RexRhino · · Score: 2

      The Dems clearly have a party-wide almost universal mandate to regulate political speech on the internet, where as the Republicans tend to not favor government regulation of political speech on the internet, but there are enough Republicans on the other side of the issue that it didn't pass.

      So basicly, on this specific issue - Democrats = Hardcore Facists ... Republics = spineless weenies that enable Facism. That isn't to say that there aren't other issues were the Republicans are the hardcore facists, and the Democrats are the spinless weenie enablers (such as gay marrage, or the war on drugs)...

      But what this issue SHOULD be is a moment for people who vote Democrat to reflect, and come to the realization that "Yes, I am a facist", and either find another party that more reflects liberal ideals, or simply stop the charade and proudly proclaim their support for facism. But don't decieve yourself by thinking the Republicans are the evil ones and the Democrats the good guys. The Democrats are hardcore facists, as much as the Republics, and the supporters of both parties are closet facists.

      And it is VERY clear that these rules are such a bad thing... because any web site with advertisements or makes money in any way will have to register with the government, do loads of paperwork, and be monitored by the government in order to be allowed to make political commentary.

  40. If '/' leans right, why does /. lean left? by tepples · · Score: 3, Funny

    /. and it's posters lean so far left

    Then why isn't it called "\." ?

  41. Would it matter anyhow? by pdschmid · · Score: 2, Interesting

    Haven't read through quite a bit of the comments, I can understand the issues related with the bill. What I still don't understand is though why it would actually matter? Passing a bill that essentially exempts the Internet from campaing finance laws opens the Internet up to massive campaign spending for US based services. Having the Internet though regulated by campaign finance law would at least curb that, but where does it stop applying? What if the campaign ad is hosted on an international server, but the actual Internet site is US based and only subscribes to an ad service from abroad. How will you ever apply campaign finance laws to this?????? Regulating the Internet has proven to be a pretty tough thing to do for one nation alone. Just remember the CanSpam act and how spam has dramatically increased since that law was passed (the only success I can see is that one indicted spammer who was dumb enough to be US based). As much as I support campaign finance laws, I really have to wonder what they matter to the Internet in any regard. In my opinion, whether to actually apply them or specifically exempt them is a mute point, as circumventing their application is a piece of cake.

  42. not even Fox? by griffjon · · Score: 2, Funny

    They even say that they're fair and balanced.

    Fox wouldn't LIE to me, would it??

    --
    Returned Peace Corps IT Volunteer
  43. Political seppuku by tepples · · Score: 2, Informative

    Oh, and at that time voting against something called the "PATRIOT Act" was political suicide.

    But in some cases, seppuku is the most honorable thing one can do.

  44. Re:Rewind a bit by magarity · · Score: 2, Informative

    That's clever to accuse me of ommission and claim "I guess unions would be Democrat" with a snide bit at Republicans when clicking the profiles of said union 527s shows they pay for ads promoting Democrat candidates and they give money almost exclusively to Democrat candidates. Hmm, 99% of the State/County/Muni Workers Union's spending went towards Democrat candidates. There is no "I guess" about it. Unions are Socialist in nature so of course they fall in well with the Democrats who have as many Socialists as the Republicans do free marketers. Same goes for the League of Environmental Voters. They spent all their money running negative ads against Republican cadidates and for Democrat candidates. Also no need for "I guess" and a snide comment.
     
      527s that appear suddenly with massive amounts of cash
     
    Checking the 2004 expenditures, the Swift Boat Vets with their $17M is "massive" compared to America Coming Together's $79M. Sorry, $17M isn't much in the scheme of big politics.

  45. Bloggers... by psykocrime · · Score: 2, Informative

    Bloggers (and everybody else) are already exempt from dealing with those hundreds of pages of crap, because that crap has no authority in the first place. The First Amendment to the Constitution guarantees the right to free speech... and even if it didn't, government has no authority other than what comes from consent of the governed; so anybody who wants my simply choose to not allow the government to regulate their speech.

    Repeat after me: Government has NO intrinsic authority or dominion over anybody; We The People are the ultimate and final source of ALL political power and authority... the government has ONLY what authority we grant it; and what is granted may be taken back at any time. Sovereign individuals not belong to, and are not subjects of, the United States government... they answer to us, not the other way around.

    --
    // TODO: Insert Cool Sig
  46. Re:Rewind a bit by Procyon101 · · Score: 2, Informative

    You are yourself making the assumption that unions are always for the in support of the working man and that environmentalist groups are always for protecting the environment. Often I find that that they are more pro-democrat (or pro-racket in the case of unions) than pro-the cause they claim to support.

    Republicans can be against a Union, yet still support the views of the working class, or be against a conservationist group yet still want environmental protection.

  47. Yes, not even Fox? by bluGill · · Score: 2, Insightful

    Many on the far right would claim that fox's slogan is in fact a play on the rest of media claiming it is fair and balanced, while in fact biased to the left. (Witness CBS releasing and standing by fake documents in the last election)

    These are the same people who will call Fox mid left, and everyone else extreme left. That most of Europe would consider the US media mid right is not important to them.

  48. Slashdotters conspiracy search by scjnsn · · Score: 3, Insightful

    Oh.. now the liberal and emotional readers of Slashdot will have to figure out a way to pretend that Democrats really do protect free speech. The way I see it though, Dems have been foaming at the mouth since the advent of talk radio and blogging because the mainstream media can no longer spread liberal tripe unchecked. If they could do it, dems would ban talk radio and blogging altogether.

  49. Re:equally deep pockets on both sides by mellon · · Score: 2, Interesting

    The big problem with campaign finance is that corporations have freedom of speech. Of course human beings should have freedom of speech, but I see no reason why a corporation should have the same freedom. The simple hack here is to just make it illegal for corporations to contribute to campaign advertising. Unfortunately, because corporations are "persons," there's no way to do this, so we wind up with all kinds of crazy laws that try to place limits on campaign financing by corporations in ways that are arguably unconstitutional.

  50. Re:That's why it should have passed by DrJimbo · · Score: 2, Insightful
    The title, the summary, and the article linked to were misleading. Many /.ers didn't RTFB or carefully RTFA and posted slightly hysterical comments about the Democrats outlawing blogs.

    ifwm said:

    If I have unlimited money, and I want to spend my money endorsing a candidate, how is it not a restriction of my speech to put ANY restrictions on how I spend it?

    Limiting spending is limiting speech.

    I am glad we are now talking about campaign finance and not "the Democrats are stealing our fr33doms!!1".

    You are certainly entitled to your opinion that limiting campaign spending and contributions results in limiting free speech. Unfortunately for you, the majority of the American people, the Congress, and the Supreme Court have consistently disagreed with you.

    Let's look at why this might be. If there was no limit or regulation of campaign finance then there is no question that the voice of the rich and powerful would increase. It is generally assumed that the increased voice of the rich and powerful comes at the cost of decreasing the voice of everyone else. In fact, without regulation, the voice of the rich and powerful can come disguised as the voice of the common person.

    If the bill had passed, there is no question that the Internet would be flooded with soft campaign money. It could easily drown out the voices of individuals. Just as your freedom to move your arm and fist stops at my nose, your freedom of speech stops when it is so loud and pervasive that it drowns out the free speech of others.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  51. Re:mirror world? by davidbofinger · · Score: 2, Interesting

    It is so funny to me to listen to the Democratic Party's newly found fondness of federalism, where for 40 years prior they treated support of states' rights and federalism as mere code words for supporting racism and segregation, and out of touch with core American values. Now that they're outnumbered at the federal level, they have all kinds of respect for checks and balances and fiscal responsibility.

    Pretty much the same thing is happening in Australia. Traditionally the "liberal" (i.e. conservative) party has been federalist, and the labor (sort of post-socialist; US spelling sic) has been centralist.

    But today the liberals control both the federal houses of parliament (and hence also the executive), while the labor party has a clean sweep at the state level. Quite extraordinary political situation, and the effect on politicians' psychology, on both sides of politics, has been equally remarkable.

  52. Yes bloggers on both sides supported by SuperKendall · · Score: 2, Insightful

    Indeed as you point out bloggers on both sides of the fence and even the middle were all for the passage of this bill.

    Which makes it even more rediculous the Democrats by and large sunk it! Take a look at the list of people voting against, hardly any were Republicans.

    This bill being killed was all about the people not in power disliking the freedom blogs had to say what they wished, the freedom of blogs on thier own side be damned. Perhaps the Republicans would have acted the same in the same position, but all we know for sure is that the Democrats DID kill this bill. The people of the U.S. who are members of the Democratic (and Republican for those few cases) parties need to REMEMBER the votes on this bill come primary and election time.

    It really is as simple as it looks this time.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  53. Yes, because it's pull vs. push!! by SuperKendall · · Score: 2, Interesting

    I can buy 1 million blogs. But that doesn't mean anyone will read them.

    That is entirely unlike TV advertising where my purchase of all ads means a specific number of viewers WILL be watching those ads.

    People seek out what to read on the internet. They are told what they will watch on TV. That is why campaign finance reforms for the internet are utterly ridiculous and harmful.

    The blocking of this bill is all about Democrats feeling that conservative blogs are, by and large, handing their ass to them on a platter. They want to see it all shut down, even if things like the Daily Kos end up taking collateral damage.

    If this bill was so wrong, why did it enjoy such a preponderance of support from the blogging community at large both conservative and liberal (and otherwise). Surely if it were bad some of the more rational thinkers (pick your favorite on either side of the fence) would have been against it.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley