Slashdot Mirror


Bill to Treat Bloggers as Lobbyists Defeated

Lawrence Person writes "The attempt to require political bloggers to register as lobbyists previously reported by Slashdot has been stripped out of the lobbying reform bill. The vote was 55 to 43 to defeat the provision. All 48 Republicans, as well as 7 Democrats, voted against requiring bloggers to register; all 43 votes in favor of keeping the registration provision were by Democrats."

29 of 537 comments (clear)

  1. It was about stopping astroturf not bloggers by JudasBlue · · Score: 5, Informative

    If anyone had bothered to read the text instead of buying the PR piece by a professional lobbyiest that went up yesterday as news, they would have seen that the provision in question only applied to blogging for pay by a client. Not getting money for your ads or anything else. This was aimed at astroturfing, not bloggers. And paid political speach, which is what we are talking about here, IS regulated already. This wasn't the evil to end all evils and an attack on blogs, it was an attack on lobbyists and it would have likely as not been a good thing if it had gone through.

    --

    7. What we cannot speak about we must pass over in silence.

    1. Re:It was about stopping astroturf not bloggers by ceejayoz · · Score: 5, Informative

      Yep. From the text:

      (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.'.


      Doesn't sound like treating bloggers as lobbyists, it sounds like treating lobbyists posing as bloggers as lobbyists.

    2. Re:It was about stopping astroturf not bloggers by Weird+O'Puns · · Score: 5, Informative

      Exactly, here's an explanation written by Stephen Bainbridge, a law professor at UCLA:

      http://www.stephenbainbridge.com/2007/01/blogger_r egistr.html
    3. Re:It was about stopping astroturf not bloggers by drinkypoo · · Score: 2, Informative

      If anyone had bothered to read the text instead of buying the PR piece by a professional lobbyiest that went up yesterday as news, they would have seen that the provision in question only applied to blogging for pay by a client. Not getting money for your ads or anything else.

      So, how much did you get paid to post this?

      The following is a comment I posted yesterday explaining why someone else was potentially wrong when they made the same assertion. As no one disputed the points I raised yesterday (in a comment rated +5, thus it was quite visible) I will consider them to be just as valid today.

      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.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  2. Re:Conspiracy theorize all you want by ZachPruckowski · · Score: 5, Informative

    This is not a freedom of the press issue. This would have required bloggers who receive money from causes to file as lobbyists. As CNet puts it:

    certain political bloggers who make or spend $25,000 per quarter and who encourage readers to contact their elected representatives would be forced to register as lobbyists.

    A blogger who gets money from coroporations, parties, or organizations to blog for them is a lobbyist and an astroturfer. This doesn't cover Billy Blogger who talks about the local sports team, or even unsponsored political blogs. It isn't a way to surpress dissent, any more than requiring the same of lobbyists is. "But it's on the Internet" does not change the fact that politically active bloggers with $100,000 salaries or budgets are lobbyists and should be treated like the normal K Street type.

  3. Re:Not typical democrat behavior? by nuzak · · Score: 4, Informative

    MoveOn.org is a PAC -- they're already very much "registered".

    --
    Done with slashdot, done with nerds, getting a life.
  4. Re:Conspiracy theorize all you want by Overly+Critical+Guy · · Score: 3, Informative
    Payment wasn't defined as getting money; it was defined as communications to 500 or more readers. The bill was essentially an extension of McCain-Feingold to try to distinguish critical dissent against incumbent politicians. I'm shocked that the Democrats were for it, and it's one more disappointment of the "first 100 hours." Perhaps you should actually read about the bill:

    "Section 220 of S. 1, the lobbying reform bill currently before the
    Senate, would require grassroots causes, even bloggers, who communicate to
    500 or more members of the public on policy matters, to register and report
    quarterly to Congress the same as the big K Street lobbyists. Section 220
    would amend existing lobbying reporting law by creating the most expansive
    intrusion on First Amendment rights ever. For the first time in history,
    critics of Congress will need to register and report with Congress itself.
            "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.

    This is pretty much proof that it's business as usual with the new Congress, and that Democrats are going to be even more idiotic than the last guys. And no, before you read my sig and think I'm a Republican, I'm a libertarian who just dislikes the left more than the right.
    --
    "Sufferin' succotash."
  5. Re:Not typical democrat behavior? by Overly+Critical+Guy · · Score: 2, Informative

    It boils down to them not wanting unrestricted Internet criticism of incumbents. Essentially, Democrats are worried about 2008. The election of so many conservative Democrats, the so-called "Blue Dog" caucus, has split the party, and the more liberal leadership is worried about alienating their base.

    Consider it a little education. Your assumption that Republicans are somehow more idiotic and stifling than Democrats was wrong in the first place. If anything, Democrats are the folks who want the government to regulate everything--there is actually a draft bill in California make spanking your child a misdemeanor. You can't even smoke cigarettes in your own home anymore (better tell Barak Obama, a heavy smoker!).

    --
    "Sufferin' succotash."
  6. Re:Conspiracy theorize all you want by ZachPruckowski · · Score: 5, Informative
    Perhaps you should actually read about the bill:

    Perhaps you should actually read the bill*. Note that the part labelled "definitions", a "grassroots lobbying firm" is defined as someone who "is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period."

    The "500 person" rule you're concerned about describes the action of influencing, not the influencer. Specifically: "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."

    To be affected, you must be all three of these:
    1. An Astroturfer with 1 or more clients
    2. Reaching 500 people
    3. Being paid $100,000 a year


    So if you're a regular blogger, you likely are safe.

    *=if that doesn't work, search for S.1 on thomas.loc.gov
  7. Re:Conspiracy theorize all you want by Overly+Critical+Guy · · Score: 3, Informative
    Your link didn't work for me, but this one did.

    The phrase "paid efforts to stimulate grassroots lobbying" is not specifically defined in the bill; however, it is specifically defined that the bill does not affect blogs with less than 500 readers. This means you simply have to be a blog with 500 or more readers. Contrary to your little list, there is no minimum defined payment amount in the bill.

    You also conveniently left out that large lobby groups who don't rely on public communication are exempted! This means large corporations who spend millions on lobbying aren't even covered by the bill.

    To quote the American Family Association's statement:

    Under Senate Bill 1, AFA would have to report the issues, employees, contractors and dollars spent in what is called "paid efforts to stimulate grassroots lobbying" (that phrase is not defined). This reporting requirement is triggered by two actions: (1) a lobbying "contact" - a personal or written communication with an individual in the executive or legislative branch of the federal government concerning public policy issues, from legislation to nominations; and (2) communications with grassroots (that's you) that "influence" them to contact the executive or legislative branches ("influence" is not defined, but it apparently doesn't even have to include a specific "call to action.") There is no minimum dollar spending requirement that triggers the reporting requirement by AFA for our efforts to stimulate grassroots lobbying.


    It's an attempt to silence political bloggers.
    --
    "Sufferin' succotash."
  8. Re:Conspiracy theorize all you want by Anonymous Coward · · Score: 1, Informative

    Dude, you're completely making up numbers. $25,000 or $100,000 salaries are not mentioned in the bill; there is actually no minimum specified, and "payment" itself is not even defined. Read it for yourself.

    This bill would have stifled blogs from encouraging people to contact representatives. Good riddance to section 220.

  9. Re:Conspiracy theorize all you want by ZachPruckowski · · Score: 4, Informative

    The phrase "paid efforts to stimulate grassroots lobbying" is not specifically defined in the bill; however, it is specifically defined that the bill does not affect blogs with less than 500 readers. This means you simply have to be a blog with 500 or more readers. Contrary to your little list, there is no minimum defined payment amount in the bill.

    No. It's defined in Section 220 as "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.". It's in Definitions 18-A, which is right at the top of Section 220.

    The payment part is in the definition of a grassroots lobbying firm, which is also in the Definitions section (right below the previous definition).

    The LOC links, by the way, only seem to work for 5 minutes.

  10. Re:Conspiracy theorize all you want by Overly+Critical+Guy · · Score: 1, Informative

    If you guys need proof of how crazy this was, even the ACLU sided with the Republicans on this one. Ouch!

    --
    "Sufferin' succotash."
  11. Re:Conspiracy theorize all you want by forkush · · Score: 1, Informative

    Actually, it's business as usual for Republican, hiding the facts: the bill applied only to astroturfers being paid over 100K. This wasn't a left-right issue, this was an attempt to control the power of money in campaigns. But if buying elections is part of the "free market," gosh, I guess some Libertarians don't have a problem with it.

  12. Re:Conspiracy theorize all you want by Dachannien · · Score: 4, Informative

    Here's a permanent link to the bill in question.

  13. Re:No, it was about stopping bloggers by JudasBlue · · Score: 5, Informative

    No, actually it was 25,000 a quarter and it required that you be retained by a client. Pretty clear. The 500 thing was totally different than the payment. Read the actual bill and not the crap spin that was spouted by a lobbyist on PR Wire and picked up here yesterday.

    And I don't think it was dems not wanting competition. MoveOn.org is equal to anything the right has going in this area, and I can promise you the Dems sure don't want it to have to fall under K street kinda rules.

    Ah, but you are a troll posting anonymously...

    --

    7. What we cannot speak about we must pass over in silence.

  14. Whoah, that's one hella tendentious blurb. by Estanislao+Mart�nez · · Score: 5, Informative

    Where the submission writeup says "previously reported by Slashdot," it should say "previously misreported by Slashdot." And presupposing that the way Slashdot "reported" it is right, as it happens, is a major piece of spin in this context. Because it's used to set up the rest of the blurb as an insinuation that Democrats were endorsing a bill that restricts freedom of political speech for bloggers (when in fact it's a bill that restricts commercial speech by people paid specifically to pretend they are unpaid advocates.)

  15. Re:The Dems are making complete 180s by The+Master+Control+P · · Score: 2, Informative
    Have you read the part of the bill in question? Rather than make you search it, I'll just copy-pastey the relevant bit:

    (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.'.
    (b) Registration- Section 4(a) of the Act (2 U.S.C. 1603(a)) is amended--
    (1) in the flush matter at the end of paragraph (3)(A), by adding at the end the following: `For purposes of clauses (i) and (ii), the term `lobbying activities' shall not include paid efforts to stimulate grassroots lobbying.'; and
    (2) by inserting after paragraph (3) the following:
    `(4) FILING BY GRASSROOTS LOBBYING FIRMS- Not later than 45 days after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register with the Secretary of the Senate and the Clerk of the House of Representatives.'.
    Take special note of the bolded text: To be subject to this bill, the faux-blogger in question has to be retained by clients AND be paid at a rate equal to a hundred thousand dollars per year in exchange for writing biased political articles [which also exhort thier viewers to action]. Which would make the writers in question not bloggers but lobbyist shills masquerading as bloggers, regardless of political views.

    The content of a blog is irrelevant: If it's writer, who has enough readers to attract a lobbying firm's attention, is being paid a hundred thousand dollars a year to shill while ostensibly being just another blogger, it's only right that they be brought under the same kind of disclosure laws as any other lobbyist. This is no different from requiring disclosure of sponsors by political commercials, because the material in question is nothing but political commercials.

    And you're right about politicans being self-serving douches: They just gave lobbyists have a channel to funnel money through without anyone knowing.
  16. Re:Can't resist... Agreeing with republicans... by dangitman · · Score: 2, Informative
    At the risk of repeating myself, slashdot is noty a blog, it is a discussion forum. A very different beat. Some people certainly seem to have a strange definition of "blog" if they include slashdot under that definition.

    In fact, this is becoming a web epidemic. It seems that everything is called a blog these days, and the word has lost all meaning.

    --
    ... and then they built the supercollider.
  17. Re:Conspiracy theorize all you want by PopeRatzo · · Score: 3, Informative

    No offense, but instead of reading "about the bill" at "PR News Wire", which is an organ of the Public Relations business (which includes lobbyists), why don't you actually READ THE BILL?

    It's about fundraising bloggers and the astroturf types that have automatic email widgets on their blogs that generate automatic emails to legislators, even offering "sample wording".

    Those are lobbyists, pure and simple.

    --
    You are welcome on my lawn.
  18. Re:Not typical democrat behavior? by indifferent+children · · Score: 4, Informative
    the act would have only required bloggers who make and/or spend more than $25,000/year on a politics position blog to register.

    Close, it's $25,000 per quarter, which comes-out to $100,000 per year. Even cheap astroturfing would be allowed.

    --
    Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
  19. Re:Conspiracy theorize all you want by TheGreek · · Score: 2, Informative
    DUH telling me to "contact my senator or representative" should be illegal ? . encouraging more people to get involved in the political process should be illegal ? yeah that sounds real DEMOCRATIC.
    Getting paid, by a stakeholder, to tell people to "contact your senator or representative" about a specific issue is lobbying.

    That provision would not have made it illegal. It would have required astroturfers to register as lobbyists.
  20. Re:Conspiracy theorize all you want by ponchietto · · Score: 2, Informative
  21. Re:I smell a rat by Anonymous Coward · · Score: 1, Informative

    Is that supposed to be insulting or something? I've never understood it.

    Last I checked, conservatives used to be about small government, low taxes, minimal intrusion, fiscal responsibility, and state powers.

    Now we have the federal government deciding that pot grown in the consumer's own backyard is interstate trade in order to override a state's decision to allow medical marijuana. The government's gone even further in wiretapping and invasiveness than Clinton did. Bush is inventing new powers for himself, such as the ability to override the laws he signs, in direct opposition to his oath to execute them faithfully. The only thing the Republicans can still lay claim to is low taxes, at a terrible cost to our nation's fiscal responsibility by cutting them at wartime.

    So now that the Republican Party has little to do with conservatives yet still claim they are, there had to be a new label for them to separate this stuff from wholesome conservative ideals.

    Since you probably haven't even read it

    (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.

    then

    (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.

    then

    (4) FILING BY GRASSROOTS LOBBYING FIRMS- Not later than 45 days after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register with the Secretary of the Senate and the Clerk of the House of Representatives.

    It clearly defines exactly who is doing grassroots lobbying, exempts those who were targeting less than 500 people, then requires the remainder to register within 45 days of payment. Or it used to, anyway.

  22. Re:Democrats by danbeck · · Score: 3, Informative

    "Why? Why do you want our side to look even more technology stupid than the Republicans?"

    Look, I don't understand why, but you seem to live in a completely different reality than I do. In my reality, the Democrats often put a lot of effort into silencing people who do not agree with them. Just this week, we've had two separate stories about people trying to squelch dissent. The Democrats are pushing the Fairness Doctrine, a law giving the government arbitrary control over what the media can or can say politically and the weather babe who wants to take away the SOA from weathermen who don't agree with the current global warming consensus. Btw, Michael Criton has written some excellent thoughts about how consensus and science can not legitimately co-exist. Hint: Isn't real science about discovering facts and not aggregating opinions?

    And now, we have news that nearly every Democrat in the senate wishes to further restrict the right for the people of this country to speak dissent. It's stalinistic and fascist and it warms my heart to finally see the tables turned on you people who think the Repbulicans are evil goose-stepping fascists themselves.

    Yeah, boy, that Patriot act that made it easy for law enforcement to arrest and prosecute terrorists sure is a hell of a lot worse than near continuous efforts by the party in power to take away one of the very most sacred and fundamental rights that make our constitution the greatest document ever written by mankind.

  23. Re:I feel a great distubance by Bardez · · Score: 2, Informative

    Not to mention the misspelling of "Alderaan"

    God I'm a loser.

    --
    Perception is the thin dividing line between reality and fiction.
  24. Read the bill by motorsabbath · · Score: 2, Informative

    The bill targets "bloggers" that are "retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients" and that take in at least $25,000 per quarter

    In other words, it doesn't cover bloggers in any true sense of that word as most of us understand it - it covers people masquerading as "grass-roots" bloggers, but who are actually bought and paid for shills making at least $100,000 a year for online "lobbying" efforts.

    --
    The heat from below can burn your eyes out
  25. Re:Stupid by MrNaz · · Score: 3, Informative

    Just FYI, capitalism and socialism are not really comparable. Capitalism and communism are. Capitalism's ideological father is liberalism, the idea that the individual is the supreme unit of society and the freedom of the individual is the focus of social order. Socialism is the idea that the good of the society as a whole is the focus of the social order.

    Capitalism is liberalism's economic facet, communism is socialism's economic facet. Both liberalism and socialism have political facets as well, and this issue, the issue of the ordering of political activity, are treated very differently under liberal and social models. So this issue is *very* relevant to the socialism/liberalism dichotomy, as long as you use the correct terminology.

    --
    I hate printers.
  26. Re:Members, employees, etc. by soren100 · · Score: 2, Informative

    I feel pretty good that this was removed from the bill just because it was so vauge that many many activities might come under its scope.

    The bill is much more specific than that. The reason that you would not come under the scope of this bill is that you are probably not being paid more than $25,000 per quarter to do your "blogging".

    This bill only applies to those shills who are paid more than $100,000 per year to influence opinions through their writing, so even if your announcement goes to a million people you wouldn't be affected. You said that you are not an employee, so even if you are earning more than that per year, you still aren't being paid to do your "blogging", but you are earning your own money through your own selling efforts.

    There are many others who are very unethical and are being paid huge amounts of money to influence public opinion without disclosing who their backers are -- this is wrong and this is what the bill would have helped bring out into the open.