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The Grassroots Blogging Provision's Real Purpose

ICantFindADecentNick writes "The Register carries a report on the defeat of Section 220 of the reform bill (the grassroots provision). In an all-too-familiar scene, bloggers, Slashdot readers and several news outlets were taken in by the hype surrounding a provision in the Senate ethics reform bill that would have required grassroots lobbying firms to register with the US Congress. To be fair, some commenters did see through the deception but the campaign, organized by Richard Viguerie, still succeeded. From the article: 'Viguerie, for those not familiar with the tarnished panoply of backroom players in American politics, pioneered the use of direct mail techniques for conservative causes, and has been called the "funding father" of the modern conservative movement. His ad agency currently handles direct mail campaigns for non-profits seeking to stimulate grassroots activity or raise funds from the general public.'" This is, of course, The Register. Still interesting to look back at the news from another point of view.

38 of 227 comments (clear)

  1. This is, of course, The Register? by mingot · · Score: 5, Funny

    Only a bastion of fine news reporting like slashdot can say something like this without sounding pretentious.

    1. Re:This is, of course, The Register? by gumbi+west · · Score: 2, Insightful

      yeah, I don't understand. I guess he's saying that, "We went for it hook line and sinker and they did the equivalent of RTFA and now know what it really says, but I still think there not very good at reporting." Or is it supposed to mean something else?

    2. Re:This is, of course, The Register? by operagost · · Score: 2, Insightful

      Insightful? When your own integrity is compromised, that's the worst time to point the finger at anyone. Speck, eye, log... ring a bell?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  2. Hooray for "editors"! by Goaway · · Score: 5, Insightful

    "Look back"?

    People were screaming about the whole thing being a complete fabrication each time it was posted on Slashdot. You could have just, you know, read the comments?

    1. Re:Hooray for "editors"! by bockelboy · · Score: 4, Insightful

      I was screaming that it was a fabrication last time it was on Slashdot, but that didn't stop twice as many people from posting that I was completely wrong.

      It only takes a bit of blood to turn it into a free-speech orgy, even if the law was well-within the limits of free speech as the Supreme Court has put into place.

      Just for reference, political statements (i.e., burning the flag, ranting on your blog) are heavily shielded by the First Amendment. Political statements paid for by a campaign to get someone elected are NOT heavily shielded by the First Amendment. The Supreme Court has upheld that fact again and again.

    2. Re:Hooray for "editors"! by geoffspear · · Score: 2, Interesting

      Who exactly were the Federalist Papers trying to get elected again?

      --
      Don't blame me; I'm never given mod points.
    3. Re:Hooray for "editors"! by Krow10 · · Score: 2, Informative
      Who exactly were the Federalist Papers trying to get elected again?
      Not a who, but the Federalist Papers were written to influence people to support the Constitution. Likewise, the Antifederalist Papers were written to influence people to oppose the Constitution. They were written anonymously, under the pseudonym "Publius" for the Federalist Papers and "A Farmer" and "An Observer" among others for the Antifederalist Papers, though some of the Antifederalist Papers were attributed.


      Cheers,
      Craig

      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    4. Re:Hooray for "editors"! by falsified · · Score: 3, Insightful

      Where's the censorship? Registering as a lobbyist sure as HELL doesn't restrict access or speech. All it does is label you as what you are. That's like saying states that ask for party identification when you register to vote are keeping you from voting.

      --
      HI, MY NAME IS ISAAC.
    5. Re:Hooray for "editors"! by nasch · · Score: 2, Insightful
      I have no love for political lobbyists, but the only way to have free speech is to have free speech; saying 'some kinds of speech are more equal than others' is absurd.
      Personally, I'm very glad we have different kinds of speech. I'm glad companies aren't allowed to lie to me in their ads or packaging, for example.
    6. Re:Hooray for "editors"! by shadowbearer · · Score: 2, Informative

      Advertising/packaging != free speech

        you're comparing apples and oranges there

        (of course companies DO lie in their advertising and packaging quite often, just in ways that aren't easily discernible)

        SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  3. right... by moerty · · Score: 5, Informative

    This is, of course, The Register. Still interesting to look back at the news from another point of view. submitter makes it seem almost wistful that he and a bunch of other tards were taken in hook line and sinker when all they had to do was read and see what was really going on. it also makes me wonder how many posters here are paid shills of a misinformation campaign although as they say, "don't attribute to malice what is perfectably explainable by stupidity."

    1. Re:right... by Anonymous Coward · · Score: 3, Interesting

      "it also makes me wonder how many posters here are paid shills of a misinformation campaign"

      Well, those are exactly the people this bill would have regulated, so it seems pretty likely that they do exist (here and on most large forums).

      A lot of Americans have been living in a fantasy world lately, where the rich and powerful are there to do good and benevolently oversee us plebes. If they open their eyes, though, they'll see commercial databanks whose sole purpose is to spy on us and sell whatever is discovered, a government which purchases this data in order to bypass laws against domestic spying, and a gargantuan propaganda machine which convinces everyone it's no big deal -- in fact, convinces everyone it's necessary. It would be downright naive to think that Slashdot is immune to the same sorts of underhanded marketing tactics.

    2. Re:right... by Anonymous Coward · · Score: 2, Insightful

      Just to qualify, if you managed to trawl through that mangled shitfest that the parent calls the English language, he actually makes a good point.

      Slashdot is hardly in a position to put on a haughty tone and shout "Oh, well, this is The Register", when their own reporting is based on whatever rabid drivelling the latest basement-bound, freedom-clinging, frothing, mouth-breathing Linux zealot submits to the editors. They're too stupid to fucking notice anyway. It's nice and easy to run a news site when all you have to do is write 10 words of your own bias-ridden shit every other story to keep it ticking over.

    3. Re:right... by Macthorpe · · Score: 2, Funny

      To be fair, he might have the English skills of a squashed beetle but he does have a point...

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    4. Re:right... by ZachPruckowski · · Score: 4, Interesting

      Yes. I was actually in a position in which I was quoting and citing large sections of the bill, only to have people dispute that that was what the bill said, despite my source being the Library of Congress. Some stupid astroturfer's press release was given as large, if not larger, a sway as THE ACTUAL BILL.

  4. Biased summary by slapout · · Score: 2, Insightful

    "pioneered the use of direct mail techniques for conservative causes"

    So, you're saying that liberal causes haven't figured out how to use the mail box yet?

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Biased summary by zootm · · Score: 4, Insightful

      "Pioneered" would generally tend to mean "they started it". It doesn't say anything about their opposition not doing the same thing (in fact, I think it implies that they followed?).

    2. Re:Biased summary by gb506 · · Score: 3, Insightful
      So, you're saying that liberal causes haven't figured out how to use the mail box yet?


      Excellent observation. The provision as it was written would have barred companies from encouraging or providing mechanisms for their customers to contact legislators regarding issues of import - unless, of course, said company "registered" with the government and reported all activities and expenditures. And that is a massive free speech problem. Nobody wants to construct a reporting mechanism, legislators know that. It's much easier to simply stop trying to engage in advocacy.

      At the end of the day this was an attempt by government to limit the amount of communication they get from the unwashed masses. And to that effort I say, Fuck You Very Much, thank you.

    3. Re:Biased summary by gb506 · · Score: 2, Informative

      Company != evil. My employer is an organic foods company. We try to get our consumers to advocate higher food safety regs, better environmental oversight, family farm freindly legislation, etc. These are not evil deeds. But the provision discussed here would have prevented us from communicating with our consumers about these issues unless we had the government giving us a quarterly anal probe. No thanks.

  5. Dear /.: You owe your readers an apology by jalefkowit · · Score: 5, Insightful

    Shouldn't we get an apology from the /. "editors", since they swallowed Vigurie's spin hook line and sinker -- not once, but twice?

    (Of course, since they apparently don't read the comments, where many people pointed out the truth on this issue, I expect the answer is probably no.)

  6. Oh, it's all good then by Anonymous Coward · · Score: 2, Insightful

    Since the provision was designed to silence some conservative grassroots guy, it must be okay. Surely there wouldn't be any unintended consequences.

  7. Yeah... by fitten · · Score: 2, Insightful

    Yeah... whoever heard of a Slashdot reader not RTFA and jumping at whatever conclusions are presented in the blurb.... I must be new here.

  8. astroturfing by Johnny5000 · · Score: 4, Insightful

    Kinda funny that the bill to try to prevent astroturfing was defeated largely by astroturfing.

    --
    The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
  9. Re:throwing the baby out with the bathwater by Goaway · · Score: 4, Informative

    It's claiming that it's a good idea to have astroturfing paid political shills register, which was what the bill was about. Apparently you are missing the part where all the reporting on the bill was complete fabrications and had very little to do with the reality of what it covered.

  10. So, in list form: by Wilson_6500 · · Score: 4, Interesting

    1) Senate proposes bill. Bill contains provisions that businesses will probably not like, but Senate feels pressure to do so from the public (?).

    2) Influential conservative stirs up "public opinion" against bill's provisions.

    3) Bill's provision is struck. Senate cites "will of the people" and shrugs. Senate gets to say "we tried, you didn't want it." Businesses keep astroturing. Everyone wins except the public who, as always, loses.

    Just how often are the provisions of bills being discussed in Congress truly struck out because the people got wind of what was going on and spoke out--without some mouthpiece or rein-holding group to speak "for" us, or some vague poll number or other inaccurate metric telling the Congressfolks what we think, or some massive letter-writing campaign by just 2000 very angry people?

  11. Re:F$%^ing idiots know jack about the law, apparen by Anonymous Coward · · Score: 2, Insightful

    Yeah, I can understand how Gonzales was confused that where the Constitution said that "the privilege of the Writ of Habeas Corpus shall not be suspended..." meant that it could be suspended anytime he felt like it. But what I don't understand is how you think that where the Constitutions says "Congress shall make no law..." means that Congress can make any law on speech or that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" means that all powers not given to Congress in the Constitution actually are given to Congress in the Constitution--namely regulating political speech by corporations. If you can tell me the sections of the Constitution that I might have missed that actually give Congress the power to regulate corporate political speech please feel free to list them. Otherwise it seems to me that they are reserved powers and can't be tampered with without a Constitutional amendment.

    But then again, I'm just an amateur. I'm not a lawyer like Gonzales who can read a sentence that says "No" and interpret it to mean "Yes." I guess I'm just not educated enough to understand what the Constitution really means. Maybe you have to look at it with a blacklight or read it upside down to understand it.

  12. Doesn't matter what the purpose was by mobby_6kl · · Score: 3, Insightful
    It's still retarded. From TFA:
    Because of clumsy wording that would have included an employer in the definition of a "client," the requirement would have applied to anyone who, in the service of their employer, engaged in the stimulation of grassroots lobbying designed to influence more than 500 people, as long as the organization spent over $25,000 per quarter on the activity. Thus, anyone who was paid $25,000 per quarter to maintain a weblog with a readership of more than 500 people would have to register with Congress under section 220 if they spent all of their time encouraging the general public to contact an executive or legislative official over a matter of public policy.


    Ignoring the issue with the readership, what would the registration accomplish anyway? You can already see who contributes to the politicans' campaigns, and that doesn't seem to do change anything.
  13. Paid for speach is NOT free speach by tinkerghost · · Score: 3, Insightful

    No, you don't have to register to have a personal opinion, or to voice it in public. The bill was worded very specifically to make sure that only if you were paid to have an opinion (and only if you reached more than 500ppl), would you then have to register - just like if you are paid to have an opinion & print something in a magazine, in a newspaper, etc - all of those paid for by notices on the bottom of the TV adds - that's what it was about.

    1. Re:Paid for speach is NOT free speach by SQL+Error · · Score: 2, Insightful
      Baloney.
      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.
      It doesn't say "unless it's been paid for". It says "Congress shall make no law".
  14. It might be interesting to look back... by MarkusQ · · Score: 4, Insightful

    It might be interesting to look back at those threads and see if we could figure out who the astroturfers are.

    I've also thought, more ambitiously, that it might be interesting to see if there were discernible patterns to postings by astroturfers, or to threads on which this was happening. I'm not sure what exactly to look for (especially since we don't have access to the IP addresses), but their still might be some pattern of boiler plate text, or things block copied from other sites, or...

    Ideas?

    --MarkusQ

  15. Re:Wow. by Anonymous Coward · · Score: 3, Insightful

    It's a follow up to a previous article. It corrects that article's mistatement of the facts of the legislative provisions to prevent paid-lobbyists ($25,000 or more in one quarter of a year and a specific client) from using "blogging" as a loophole in the lobbyist reporting rules. The previous article pretended the legislation the Republicans all voted against would have hindered all bloggers. In fact, as this "correction states, the Republicans all voted to prevent proper reporting of paid-for lobbying activity online (when done on behalf of a specific client's interests). You may not think correcting the record is news. I do.

  16. Bad summary by Kohath · · Score: 4, Insightful

    The bill would have infringed the right of free speech. It's actually quite clear.

    Astroturf campaigns are free speech. Fining groups engaged in astroturf campaigns is an infringement on free speech. Requiring speakers to "register" in order to be allowed to speak is not free speech.

    All this BS justification is simply "we're in favor of free-speech only when we agree with the motives, methods, or message of the speaker". Agreeable speech doesn't need to be protected from the people who agree with it.

    1. Re:Bad summary by branonm · · Score: 2, Informative

      Astroturf campaigns are not free speech. They are more akin to advertising.

      If you are PAID to express an opinion then how can the speech be free?

    2. Re:Bad summary by greppling · · Score: 2, Insightful

      What a non-sense. Under the bill, you would still be completely free to voice your opinion. Except that you would have to admit publically IF you are getting paid to promote this opinion. You could still use your free speech, except that your readers would know that you are getting paid for it, and it would be in their judgment whether they continue to trust you.

      When I read a newspaper, I want to know who is running it. When I see an election ad, I want to know who is paying for it. When I read an op-ed, I want to know the affiliation of the author. When I read a blog, I would like to know in case this blogger is getting paid 100,000$ to promote his opinion while trying to make it look like a private blog. This has nothing to do with preventing free speech, just with making free speech work.

  17. Free speech for me, not for you. by DBett · · Score: 2, Insightful

    Being /. it's claiming that it was a good provision because it was not really about targeting free speech, but rather about targeting a "tarnished" "backroom" "conservative." That being the goal, anything goes.

  18. Re:I'm sorry, but I wasn't taken in... by Lars+Clausen · · Score: 3, Insightful

    So the FSF and EFF pay their bloggers $100000 or more a year? I know a guy in the EFF who'd feel rather cheated if that were the case.

    -Lars

  19. I smell a rat by mdsolar · · Score: 2, Interesting

    I don't have a completely fixed opinion on the astoturfing bill except that is was vauge and thus dangerous, but apparently the IRS is getting into the same game so there is more going on I think: http://slashdot.org/~Ungrounded+Lightning/journal/ .

    I think you need to be logged in to see this link.

  20. Groupthink on both sides by alienmole · · Score: 2, Insightful

    Posting bill text might not have been as useful as you think, unless it went along with a pretty detailed analysis, because there was a lot of interaction between different sections.

    As for groupthink, that was happening on both sides, and still is (except now the default direction of the groupthink is reversed). Section 220 had a problem in it, which The Register article mentions. That problem is exactly what was bugging me about the bill: that anyone paid enough to do "stimulation of grassroots lobbying" would have had to register as a lobbyist, and be subject to lobbying regulations, even if they have no direct contact with public officials. That's a heavy-handed way of dealing with the problem, and I think that it could even run afoul of the first amendment. So given the flawed nature of Sec 220, people on both sides had a point. In its proposed form, though, I'm glad the section was rejected.