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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."

38 of 537 comments (clear)

  1. I feel a great distubance by ArcherB · · Score: 5, Insightful

    It's as if a 100 million free-speech loving liberals cried out and were suddenly silenced.

    (Actually, they were silenced when their heads exploded like Dantooine when they found out that it was Republicans who blocked the bill.)

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    1. Re:I feel a great distubance by starwed · · Score: 4, Insightful

      Liberals are perfectly aware that Democrats are merely a lesser evil. ^_^

    2. Re:I feel a great distubance by Broken+scope · · Score: 4, Funny

      I modded you funny then realized it was Alderan. Dammit. That was my last mod point.

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      You mad
    3. Re:I feel a great distubance by ArcherB · · Score: 4, Funny

      I modded you funny then realized it was Alderan. Dammit. That was my last mod point.

      Dammit! You're right. "Dantooine is too remote to make an effective demonstration. But don't worry. We will deal with your Rebel friends soon enough." Damn Tarkin!

      Sorry to make you cough up your mod point, but "What's in a name? That which we call a Alderan by another name would explode as sweet"

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      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  2. Re:Democrats by FuturePastNow · · Score: 4, Insightful

    Politicians are almost uniformly "technology stupid." (tube joke redacted) Their opinions of different technologies (and everything else) are based entirely on what lobbyists and the party platform tell them to support. Why would anyone think the two parties differ in this regard?

    --
    Give a man fire, and you warm him for the night. Set a man on fire, and you warm him for the rest of his life.
  3. Re:Not typical democrat behavior? by ArcherB · · Score: 4, Interesting

    I could be wrong, but I think the target was talk radio and/or conservative sites that are advertiser funded like LittleGreenFootballs, but not MoveOn.org, which is funded by contributors (George Soros)

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    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  4. 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 MrWGW · · Score: 4, Interesting

      Of course, then you run into a whole can of worms in the process of determining who was paid versus who wasn't. One can conceivably imagine the provision being used as an excuse for law enforcement (or worse) to rifle through bloggers' bank accounts to determine evidence of "illegal payment." This could cause all kinds of hassles, especially for bloggers who use their blog as a source of income and who might (as is often the case with self-employed workers) not follow proper proceedures for recording who paid them for what in terms of legal, legitimate advertising. Thus, it could be alleged that they had illegally accepted money for a political post on their blog without having registered as a lobbyist, and they could face jail time, et cetera. It is of course axiomatic that the ruling party of the moment could use this as a tool with which to quickly silence opposition.

    3. 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
    4. Re:It was about stopping astroturf not bloggers by Heir+Of+The+Mess · · Score: 4, Insightful

      Yeah the grassroots protests against this are probably from political lobyists who get paid to write stuff in their blog. Interesting how well it works.

      --
      Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
    5. Re:It was about stopping astroturf not bloggers by rtb61 · · Score: 4, Insightful

      Actually it sounds more like treating lobbyists as the liars and scoundrels they are. They should not be able to pretend they are normal, well behaved people on the net or in any other public forum. Perhaps tattoos on the forehead and cheeks (both ends) would be appropriate a big L in red to denote a lying lobbyist whose opinions are for sale to the highest bidder.

      --
      Chaos - everything, everywhere, everywhen
  5. Re:Democrats by DAldredge · · Score: 5, Funny

    I wasn't aware that "our side" was the Democrats. Did I miss the memo?

  6. 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.

  7. 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.
  8. Re:Can't resist... Agreeing with republicans... by dangitman · · Score: 4, Insightful

    What your missing is that the bill was never about making bloggers register as lobbyists - that was all spin, and slashdot nicely bought it hook, line and sinker.

    --
    ... and then they built the supercollider.
  9. Good by bmajik · · Score: 5, Insightful

    Can anyone explain why there are _any_ limits on political speech? Isn't that the most important kind of speech to protect? Why do you need to "register" as a PAC?

    Isn't there already a law that limits how much political speech can happen leading up to an election and who can say it?

    We can all find the bad in pretty much every law on the books. What i can't find is the "good" about any political-speech-restriction laws.

    There are lots of voices out there that i'd just as soon not have to hear, but silencing them via government intervention seems pretty unAmerican (for historical values of "American").

    --
    My opinions are my own, and do not necessarily represent those of my employer.
    1. Re:Good by slizz · · Score: 5, Insightful

      Well it seems to me that if you are paid to express a certain opinion, that expression isn't comparable to the expression of a personal opinion, i.e. free speech. Putting restrictions on an idea that someone is paid to put out doesn't seem to be a restriction of free speech, because there is no restriction on the idea itself, just the "advertising" of that idea. "Advertising" seems to be a better way of viewing lobbying than "free speech," and there should be restrictions on advertising, I think (although it's definitely a murky issue).

    2. Re:Good by zCyl · · Score: 4, Insightful
      Can anyone explain why there are _any_ limits on political speech? Isn't that the most important kind of speech to protect?

      1. We have important laws against lying about someone and presenting it as factual information. I cannot start a blog about bmajik or run commercials about you in which I call you a child molester, unless of course this is true. If you are a candidate for office, I still cannot create a blog or run commercials about you in which I call you a child molester, unless it is true. The Supreme Court has ruled that such things do not count as free speech, unless reasonable people believe it to be a parody.

      2. We have serious problems with freedom of speech when corporations monopolize the process of distributing information. If enough corporations choose to unfairly favor one candidate or political viewpoint to the exclusion of other political viewpoints, then the freedom of speech of citizens is actually reduced in favor of the bias of the majority corporate viewpoint, which is in the hands of a select few individuals. This problem is present because the average citizen is financially unable to start a television station or cable news network, even if strongly motivated to do so. (There are also a limited number of broadcast slots available, and a limited number of cable lines which can be run in any one area without excessive disruption of life.) Thus, laws which ensure the fairness of the limited number of major gateways for political speech can actually increase freedom of speech. We may hope that the internet may eliminate this problem in the future, but for now it has only reduced it.
    3. Re:Good by dangitman · · Score: 5, Insightful

      Can anyone explain why there are _any_ limits on political speech?

      This is about money, not speech. You can say anything you want. But you can't get paid for doing anything you want. I think speech should be free - you don't need money to speak. If receiving money changes what you will say - then what's that all about? it's amazing how many people confuse money and speech, although I suspect the confusion is deliberate in many cases.

      --
      ... and then they built the supercollider.
  10. 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
  11. Re:Democrats by asuffield · · Score: 5, Insightful

    "Our" side? They are rich American politicians. You are posting on slashdot. They are not on your side.

    It is a mistake to think of "us vs them" as "democrats vs republicans", whichever way around you think of it. Everybody in congress is on the same side, and it's not your one.

  12. Re:Can't resist... Agreeing with republicans... by ZachPruckowski · · Score: 5, Insightful

    Please, read the actual bill. It says you must reach 500 people AND make $100,000 working as a paid shill. Not OR!!!

    Please don't link to a propaganda piece by a professional conservative lobbyist and claim it to be equal evidence to the above cited UCLA law professor and the above cited Orginal Bill. Payment and Reach were considered separately in the bill. Why don't you read the actual bill, and see if that alleviates your concerns.

  13. Re:Not typical democrat behavior? by rossifer · · Score: 5, Interesting
    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.
    Your speculation might have some merit if the typical blogger would have had to register under the act. As it turns out, however, the act would have only required bloggers who make and/or spend more than $25,000/year on a politics position blog to register. This article should be titled "Bill to Treat Astroturfing Bloggers as Lobbyists Defeated".

    The actual grass-roots bloggers (and whatever their criticism of whoever they wanted to criticize) were never in jeopardy. But the Republicans and some Democrats made sure that astroturfers aren't in jeopardy either. Most of the Democrats were on the ethical side on this one. Sadly, they couldn't get a majority today.

    Ross (registered Republican, but not very proud of that association right now)
  14. 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.

  15. Re:Conspiracy theorize all you want by ZachPruckowski · · Score: 5, Insightful

    I did read it. Here's what it says:
    (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.'


    $100,000 is an extrapolation of $25,000 over a whole year. The bill said simply that a person who makes $25,000 a quarter for political astroturfing ($100,000 a year salary) or is given the same amount to spend on astroturfing is a lobbyist. It's straightforward, true, and doesn't affect bloggers at all.

  16. Re:Conspiracy theorize all you want by Overly+Critical+Guy · · Score: 4, Interesting

    The ACLU was against the bill. Are the ACLU a group of Republicans?

    --
    "Sufferin' succotash."
  17. Re:Conspiracy theorize all you want by Dachannien · · Score: 4, Informative

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

  18. Re:Can't resist... Agreeing with republicans... by dangitman · · Score: 5, Funny

    At least conservatives explain why they think you're wrong. Liberals spit and call you a Nazi.

    That's head-spinningly ironic, given liberals' tendency to explain their position at length, and conservatives' tendency to use ad hominem in place of debate, and make their srguments up out of thin air. See your post that I am replying to as an example of such non-factual argument.

    --
    ... and then they built the supercollider.
  19. 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.

  20. 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.)

  21. Re:are you that naive? by TobascoKid · · Score: 5, Insightful

    Who wants to limit the freedom of the press?

    Everyone. There have always been people who have wanted to silence "the other side". Not just politics, but religion and science and pretty much every other field of human endeavour where people disagree.

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    At some point, somewhere, the entire internet will be found to be illegal.
  22. Talk Radio by rdominelli · · Score: 4, Insightful

    As it stands now doesnt it still target talk radio?
    Whether or not you agree with the Rush and Hannitty's of the world, considering them under this bill is still a first amendment violation.

    --
    There is no spoon
  23. Re:Democrats by nberardi · · Score: 4, Insightful

    I must have missed the memo too.

    I find it really funny that /. people automatically think everybody agrees with them. You find this in other forums, but it is most prevalent here for some reason. I really equate the /. editors to The View cast. However there is no Elizabeth Haselbeck among them to give a conservative view of the world.

  24. Re:Not typical democrat behavior? by Mo+Bedda · · Score: 4, Insightful

    So the Democrats position was to shut down a majority of people that critisize them?

    Yes, because K Street lobbying has certainly been "shut down" by registration. You also think that "a majority" of Democratic critics are getting paid +$25,000/quarter? Where do I sign up?

  25. 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
  26. Re:Conspiracy theorize all you want by SnowZero · · Score: 4, Insightful

    I think you are being blinded by intent; It's not an issue of what it is supposed to mean, but rather one of everything it could be interpreted to mean.

    Let's say I run a popular website to stimulate a grass-roots election effort (thus 19 applies). The site gets millions of hits before an election, and my hosting is expensive (I never expected that kind of bandwidth usage!), so I have to pay $25k (this meets part B). I'm running out of money, and politician Bill McGreedy pays me $1 to "keep up the good work" (this meets part A). Oops. Now, this might get shot down at trial if the judge is a nice guy, since the case doesn't match the true intent of the law. However, you can bet your ass I'll need a good lawyer, and will have to go through a trial. Given the speed of the legal system, it won't be resolved until after the election, either. I think another poster had a more likely form of misuse however, which is that the bill can be used to assert hidden payment of bloggers and thus launch an investigation of them. That will either shut the blogger up or slow them down.

    We don't need this law to "protect" us; We only need to tell people that random bloggers, just like people you meet on the street, might be lying. Don't trust random people you don't know -- It's that simple. A lying blog can always be countered with another blog which digs up the truth, and that is the appropriate way to respond.

    Finally, I don't see the difference between one blogger paid 50k per quarter and 10 bloggers paid $5k per quarter. The latter is a yet more sinister approximation of a "grass-roots" effort, and would be completely legal under this (now defunct) part of the law.

    So to recap, this law can be used for nuisance attacks, is based on the fundamentally bad assumption that you should be able to trust random people on the internet, and has a large loophole for exactly the type of shillery it is supposed to stop. Well intentioned as it may have been, I say good riddance.

  27. Re:I feel a great distubance-Well Duh!! by jdavidb · · Score: 4, Insightful

    As a citizen, I'd like that astroturfing labeled as such

    As a person with a brain, I'm offended by the suggestion that I can't just evaluate speech on the merits. And as a lover of liberty, I'm extremely offended by the suggestion that liberty be infringed in this way.