Slashdot Mirror


Political Bloggers May Be Forced to Register

Thebes writes "Under Senate Bill S.1, political bloggers with a readership of over 500 who comment on policy matters or hope to incite 'grassroots' action amongst their readers would be forced to register with the Federal Government as lobbyists."

25 of 658 comments (clear)

  1. We just want to see zee papers by udderly · · Score: 5, Insightful

    Huh. I thought it was only the Republicans who were after our 1st Amendment rights. But here are the Democrats assaulting our freedoms again by trying to control who says what.

    <sarcasm>Oh, never mind, they just want to make sure we have "our papers in order" before we can criticize them.</sarcasm> And we thought that they would be for our rights. But it looks like they are just interested in using the power to stay in power.

    It's time to lose the naivte and realize that politicians (whether Republicans or Democrats) are only interested in one thing--getting re-elected.


    1. Re:We just want to see zee papers by heroofhyr · · Score: 5, Informative

      The key here is "Paid attempts." Bloggers who don't receive an income in exchange for their work aren't affected. By the way, take a look at the person TFA cites as the source. It's bullshit FUD from Richard A. Viguerie, whose bread and butter is fundraising conservative causes and blogging about right-wing lobbying interests. The only people who will be affected by this legislation are BS-peddlers like him and all the fake think tanks and policy-pushing "advocacy groups" he raises money for.

      --
      brandelf: invalid ELF type 'KEEBLER'
    2. Re:We just want to see zee papers by Chibi+Merrow · · Score: 4, Insightful

      Bloggers who don't receive an income in exchange for their work aren't affected.

      So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist? Then why shouldn't news anchors/columnists have to do the same? One of the things that (supposedly) led to the American Revolution was the stamp tax. Any attempt to restrict the free press is bad, no matter the consequences. And nothing is more "free press" than a private citizen deciding to write down their thoughts and distribute them to people, for profit or otherwise.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    3. Re:We just want to see zee papers by Dan+Slotman · · Score: 4, Insightful

      Unopposed distribution of political speech, including the distribution of political pamphlets, has always been legal. At the very least, this law will cause a "chilling effect" on political bloggers, paid or otherwise. At its worst, it could rob our generation of our Johnathan Swifts, our Thomas Paines, and our James Madisons, all of whom published political pamphlets anonymously or under a pseudonym. Certainly this law would not prevent anonymous contributions to political thought, but my point is that political speech should not be infringed, regardless of its motivation. Stopping FUD is not worth sacrificing unopposed free speech.

    4. Re:We just want to see zee papers by Rob+the+Bold · · Score: 4, Insightful
      Well basically the problem with any ethics or campaign finance reform is that there is no "clean" way to control the influence of the American Enterprise Institute and other various well-financed corporate think tanks without also regulating mymothersbasement.blogspot.com. Otherwise it wouldn't be "fair" and has no hope of passing.

      We really went wrong when we (or the SCOTUS, really) decided that corporations had "rights" just as if they were real people. Really big, rich, immortal people. Most of our campaign finance problems could be curbed if we overturned that finding. Make the government accountable to natural persons only. Sure, the rich would still have an advantage over the poor, but at least we'd control the inhuman sociopaths that we call corporations.

      --
      I am not a crackpot.
    5. Re:We just want to see zee papers by Speed+Pour · · Score: 4, Insightful

      This makes sense...Of course the government wants to register bloggers as lobbyists. It's the same as re-branding people against the invasion of Iraq as unpatriotic. The word 'lobbyist' is seen so negatively that it instantly detracts from any respect a blogger has.

      Just imagine that first article written in the New York Times that mentions a blogger with a small letter note beside the name saying Registered Lobbyist #958970. Good-bye reputation...

      Or the first unregistered blogger who says something the government really doesn't like...fines, jail time, mandatory censorship? After all, they broke laws that lobbyists must conform to. This is a simple and systematic way to quiet down the people that aren't under control.

      --
      - Nobody would know what RTFA meant if it didn't need to be said all the time
    6. Re:We just want to see zee papers by bockelboy · · Score: 5, Informative
      So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist?

      No, if you get paid by a political campaign to influence a large number of people, you have to register as a lobbyist. However, the people writing the article see this as a bad thing. To me, it smells like they don't want *their* employeers revealed.

      Grassroots organizations that are paid for by the GOP / Dems just look pathetic. On the other hand, a witty anonymous blogger paid for by the GOP / Dems can present themselves as credible and balanced; in the scheme of campaigns, this is not legal.

      And yes, courts have held up campaign laws as reasonable limits on free speech over and over again. Are you really saying "being paid to write and distributing a pamphlet" is so fundamentally different from "being paid to write and distribute a pamp^H^H^H^H BLOG! ON THE INTERNET!" that it should abide by a second set of laws?

      To put things in perspective, Slashdoters often complain there's fundamentally no difference in "doing X" and "doing X ON THE INTERNET!" so they shouldn't be patentable. Why did we suddenly decide "being a lobbyist" and "being a lobbyist ON THE INTERNET!" are so fundamentally different?
    7. Re:We just want to see zee papers by TheGreek · · Score: 5, Informative
      So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist?
      No. Here's why:

      `(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.
      You will have to register as a lobbyist if somebody cuts you a check to post, on your blog, a call to the public to write government officials requesting specific official action.

      For example, if ExxonMobil pays me $1000 to write a blog post that urges my (over 500) readers to write their Congressional delegation to vote in favor of a bill that opens up ANWR, I would have to register as a lobbyist.

      This bill is intended to call fake grassroots astroturfing what it is--lobbying.
    8. Re:We just want to see zee papers by paeanblack · · Score: 4, Insightful

      That's the thing about free speech. If you define "free but you can't deceive", then it's not free anymore. And I don't like that slippery slope, so I'm willing to live with being deceived. In the end it's my fault for believing them, not their fault for writing junk.

      If you are being paid to advertise a position, it was never free(libre) speech in the first place. It's commercial speech and has been regulated for centuries. You can't advertise Twinkies as a cure for cancer if you make money selling Twinkies, and society is far better off for having restricted such fraudulent or deceptive speech.

    9. Re:We just want to see zee papers by Ash+Vince · · Score: 5, Insightful

      Here Here.

      The fact remains that no matter how many guns you can get your hands on there is always one group who will have more. They are the various law enforcement organisations of the US (or any other country for that matter). You think owning a firearm of any kind will do you any good if the government decided to get rid of you?

      Whether you agree with the pro-gun lobby or not the fact remains that if you were a threat to the government and they found out, the special forces they sent in could brush you aside without the slightest amount of trouble. They are better trained than you could hope to be (while trying to hold down a full time job anyway) and better equiped. They also have infintely more experience at killing people.

      Now I am sure a great many soldiers would never dream of harming their own citizens. However I bet there are some that would follow any order they were given. The germans circa 1940 were not some alternate race of people bred for evil, they were just human beings like you and me, yet some of them ended up gaurding concentration camps that most of the population never knew existed.

      I would also bet that with all the psychological tests soldiers are put through any decent comanding officer will have a pretty good idea who would follow his orders even if they knew them to be dubious.

      So with all this in mind how much protection does that gun you keep under your pillow protect you? And even more so if the government force you to keep it locked away on the other side of the room lest your kids get at it. They could just grab you off the street and there are very few states nowadays that allow the carrying of a concealed firearm in public.

      The biggest thing protecting us from all these things is not guns, but other people and how they would react to seeing people disappear. How they would tell other people and word would spread. Some may even write about this on the internet letting the whole world know what was going on and it would be very difficult to stop them unless you knew who they were ahead of time and could silence them in the first wave.

      The first thing you do when seizing control of a country is quietly sieze control of the media without the populace knowing. But if the media are the people the people that becomes alot more difficult, especially if they can blog with relative anonmity using a few tools. I would hope that a great many readers of slashdot could do a pretty good job of posting to the net while hiding their identity, and not just by posting as AC. But if you can make anonymously blogging about the government a crime in itself then you make things a little easier.

      Remember - Knowledge is power.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    10. Re:We just want to see zee papers by Rob+the+Bold · · Score: 4, Informative
      ". . . SCOTUS, really) decided that corporations had "rights" just as if they were real people."
      Nonesense. The corporation as we know it dates back to at least 300BC. The SCOTUS was distinctly limited in its power at the time.

      See SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO.,118 U.S. 394 (1886).

      --
      I am not a crackpot.
    11. Re:We just want to see zee papers by falconwolf · · Score: 5, Insightful

      It's the same as re-branding people against the invasion of Iraq as unpatriotic.

      Not to pick nits, but if you don't support your nation during time of war, then, yes, you are unpatriotic.

      It's the utmost of patriotism to protest the policies of the government.

      Falcon
  2. Do editorial columnists in Newspapers... by Assmasher · · Score: 4, Insightful

    ...or news commentators have to do this? This is, pardon the crassness, total and unmitigated bullshit.

    --
    Loading...
  3. Re:FUD by amliebsch · · Score: 5, Insightful

    "Lobbyists" are the guys who attempt to persuade politicians directly. This is about persuading voters. Shouldn't there be a difference?

    --
    If you don't know where you are going, you will wind up somewhere else.
  4. Terminology is important here by zappepcs · · Score: 4, Interesting

    The good folks at M-W.com http://www.m-w.com/dictionary/lobbyist have this to say about lobbyists:

    intransitive verb : to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation
    transitive verb
    1 : to promote (as a project) or secure the passage of (as legislation) by influencing public officials
    2 : to attempt to influence or sway (as a public official) toward a desired action

    Shouldn't this then mean that when a blogger has 500 or more public officials as readers?

    If a blogger is being paid by a lobby group, it simply makes them a shill, and has no more influence on lawmakers than actual public opinion might. This is, after all, how public opinion is formed, by listening to our peers, the news, and other sources and making up our own minds.

    Should political magazines be required to register as lobbyists? Would a preacher/priest/etc. be required to register as a lobbyist if he mentions politics from the pulpit and the church has more than 500 members? This would cause tons of problems for certain demographic groups in the US.

  5. Read the bill, not the article by trianglman · · Score: 4, Informative

    For those who would like the full text of this bill see here. The article is just a bunch of FUD. The actual text that has the author so concerned, about a readership of greater than 500 counting as paid, is actually being misread. The actual text is "The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public." (from here). This means that you can be paid for grass roots lobbying and not have to register if you have less than 500 readers, which actually protects your rights.

    --
    Clones are people two.
    1. Re:Read the bill, not the article by trianglman · · Score: 4, Insightful

      They will be harrassed only if they are paid not just for lobbying through their blog. This protects everyone's rights by showing who is paying whom. Transparency in government is the best way to protect those governed.

      --
      Clones are people two.
  6. The article is misleading by MarkusQ · · Score: 4, Informative

    The article is rather misleading. The section in question applies to astroturf operations, not bloggers:

    Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying.

    (17) GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.

    (18) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING-

    (A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.

    (B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.

    ...so it explicitly does not apply to what we normally think of as bloggers.

    --MarkusQ

  7. Re:Google/banner ads by MarkusQ · · Score: 4, Insightful
    You do realize that many blogs have some kind of advertising to help pay for the costs of running the website, right?

    You bet. I also realize that many of them like doughnuts, have siblings, and read books. Further, I concede that they often have heartfelt opinions about matters of punctuation and some (but not all) of them did well in algebra.

    But most importantly, I can recognize a straw man from a kilometer away. Bloggers taking advertising doesn't mean that their advertisers are paying them to influence public opinion, anymore than the lawyer whose face is plastered all over the city buses around here is paying people to use public transportation.

    Nice try though.

    --MarkusQ

  8. Re:Quick - don't read my blog! by trianglman · · Score: 5, Informative

    no, your grassroots lobbying is ok as long as eithernoone is paying attention or you aren't getting paid for the blog posts. Thus Joe Shmo blogger who personally supports the EFF is free to post all he wants in support of the EFF as long as they don't pay him, or, if they do pay him, as long as he doesn't have more than 500 readers. This bill is made to ensure transparency in our government, so one can at least follow the money like in all other forms of lobbying.

    --
    Clones are people two.
  9. Re:FUD by drinkypoo · · Score: 4, Informative

    This bill is about paid lobbyists. The only bloggers that will need to register are those that are being paid for their posts and have a readership of 500+. The article author didn't read the bill itself or at the very least misread it.

    Oh yeah? FTFA:

    "The bill would require reporting of 'paid efforts to stimulate grassroots lobbying,' but defines 'paid' merely as communications to 500 or more members of the public, with no other qualifiers."

    Here is Section 220 of 2007 S.1. It says it modifies 2 USC 1602. Section 220 appends certain clauses to 2 USC 1602. You are somewhat correct in that appended to item 7 of that code is the line "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying." It also adds the following item: "GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same." This would SEEM to indicate that if you're not getting paid, you're not who they're talking about. But then you have to examine 18 (C) which is also appended to that section of the US Code, because it defines the meaning of registrant. I quote:

    `(C) REGISTRANT- For purposes of this paragraph, a person or entity is a member of a registrant if the person or entity--

    `(i) pays dues or makes a contribution of more than a nominal amount to the entity;
    `(ii) makes a contribution of more than a nominal amount of time to the entity;
    `(iii) is entitled to participate in the governance of the entity;
    `(iv) is 1 of a limited number of honorary or life members of the entity; or
    `(v) is an employee, officer, director or member of the entity.

    Thus if you speak on behalf of, say, a political party of which you are a member, you are a member of a registrant as well (because the party would be required to register.) Also if we look at both 2 USC 1602 and 2007 S.1 Section 220, which deal with definitions, neither one defines "paid"! Kind of a serious oversight there given that now we have to ask the supremes (eventually) whether ad revenues count or not. The closest it gets is the following text:

    `(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.

    This is where the number 500 comes from. Incidentally, this particular item (B) is a particularly bad loophole in this law! It says that as long as you are not trying to influence more than 499 people at once, it's not a paid attempt to influence the general public. This is not good, not good at all.

    Jump back to 2 USC 1602 for a moment with me and look at the government's definition of Lobbyist prior to any adoption of this bill.

    The term "lobbyist" means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a six month period.

    So currently if you receive any compensation for lobbying more than one person you are a lobbyist, unless your lobbying is less than 20% of the time spent working for the individual who hired you to lobby for them. That means they could pay you minimum wage for 101 hours; for 81 of those hours you sit on your ass and read the funny papers, the other 20 hours you

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  10. This Post Smells Like FUD by flaming+error · · Score: 5, Informative
    In reading clause 220, I don't see what the fuss is about. As far as I can tell, this really is about regulating those who are paid specifically to generate "grassroots" action. From the text of the bill:
    (18) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING-
    `(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A),....
    `(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.
    ...
    `(19) GRASSROOTS LOBBYING FIRM- The term `grassroots lobbying firm' means a person or entity that-- `(A) is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and `(B) receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.'.
  11. Better links please! by kinglink · · Score: 4, Informative

    Come on Slashdot, I'm getting sick of the way I'm being lead around by my nose. At the very least this is a knee jerk reactionary piece of drek, at best it's a forebearing to a law that isn't even out yet and has been misproven multiple times in this comment section already (read the law is the simple key).

    Next time you want to bitch about a law LINK THE LAW not what some idiots have on a website.

    Finally would someone explain why idiots who want to do grassroots style work doesn't want to be labeled as a lobbyst. HINT THEY ARNT JAILING THEM! THEY ARE TELLING THEM TO BE LISTED AS A LOBBYST IF THEY ARE PAID FOR THEIR BLOGGING WORK AND HAVE MORE THEN 500 READERS! IF THEY DONT AND KNOW THEY SHOULD BE LISTED THEN THEY ARE JAILED.

    Being a lobbyst doesn't mean you're guilty of a crime, except maybe lying to your public. At least it'll prove who is being paid and who is actually doing the work they actually support, which is perhaps the only reason this is being met by so much resistance because they are afraid they'll be found out to not be so alturistic as they claim to be.

  12. Actually, strictly speaking, he's right by iendedi · · Score: 4, Insightful

    And the way this could be used is if someone here on slashdot raised the eyebrows of a powerful lobby (err.. politician) and they decided to go after you. They could put you in jail for saying something they don't like, on the grounds that you are lobbying without a permit.

    --

    It is your personal duty to fight for what is right on a daily basis. Ignoring injustice is identical to approving
  13. Breakdown of Bill and Opinion by akohler · · Score: 4, Informative

    After reading the entire legislation, including section 220, several things become apparent to me:

    1. This does not include people talking to each other, blogger, etc. about politics - "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying."
    2. This bill does not affect unpaid citizen journalists. - "The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public"
    3. This bill does not affect blogs that are directed towards members of an organization - except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.

    It seems to me that in the spirit of lobbying transparency, this bill is a step in the right direction. However, due to the vagueness of Section 220, with respect to several terms, and the fact that there does not appear to be an explicit exclusion for paid bloggers who maintain "official" blogs that are open to public viewing for organizations, I would recommend that anyone who is concerned about the freedom to engage in grassroots lobbying, to oppose section 220 until it addresses these concerns.

    You can do this by contacting your senators and telling them to support the Bennett amendment to remove section 220 from S. 1..

    If I have misread anything, please correct me.

    --
    "First they ignore you, then they laugh at you, then they fight you, then you win." - Mohandas Gandhi