[NetBehaviour] CDT POLICY POST Volume 11, Number 13, June 6, 2005

[marc]

*CDT POLICY POST Volume 11, Number 13, June 6, 2005*

A BRIEFING ON PUBLIC POLICY ISSUES AFFECTING CIVIL LIBERTIES ONLINE
from
THE CENTER FOR DEMOCRACY AND TECHNOLOGY

CONTENTS:

(1) Coalition Calls for Political Speech Protections
(2) CDT Files Extensive Comments with Federal Election Commission
(3) Next Steps at FEC and in Congress
___________________________________________

(1) COALITION CALLS FOR POLITICAL SPEECH PROTECTIONS

On Friday, June 3, 2005, a broad and diverse coalition of advocacy
groups, bloggers, and Internet users urged the Federal Election
Commission (FEC) not to regulate the online political speech of
ordinary people under the campaign finance laws.

Working with the Institute for Politics, Democracy & the Internet
(IPDI) of George Washington University, CDT drafted a Joint Statement
of Principles to guide the FEC (and ultimately Congress) in
considering any application of campaign finance laws to individuals'
speech online. Among the leading organizations that signed the
principles are the American Civil Liberties Union, the Electronic
Frontier Foundation, the National Taxpayers Union, the People for the
American Way, and the Personal Democracy Forum.  More than 1,100
bloggers and other individuals - from across the political spectrum -
joined the statement as well.

Among the most critical points in the Statement of Principles
submitted to the FEC:

*  robust online political activity by ordinary people strengthens
and supports the central goal of campaign finance laws by diluting
the strength and power of big money voices;

*  bloggers and other individuals should be able to express their
political views online without concern about the campaign finance
laws and without needed to consult an attorney;

*  the FEC should refrain from regulating online political speech
unless and until there is concrete evidence that such speech is
harming the election system, and then any regulation should be
narrowly focused on the specific problem;

* individuals should  be able to collaborate on politically-oriented
blogs and web sites without becoming subject to laws regulating
"political committees."

The Joint Statement of Principles is available at
http://www.cdt.org/speech/political/20050603cdt-ipdu.pdf.
_____________________________________________

(2) CDT FILES EXTENSIVE COMMENTS WITH FEDERAL ELECTION COMMISSION

In addition to the Joint Statement of Principles, on June 3rd CDT
also submitted on its own behalf detailed comments addressing a broad
range of specific issues raised by the FEC in March, when it issued a
"Notice of Proposed Rulemaking" proposing to extend the campaign
finance laws to a limited category of online speech.  Although the
FEC's proposal was intended to be narrowly focused, it nevertheless
raised a host of concerns.

For example, the FEC proposed regulating paid advertisements placed
on a third party's web site.  A focus on paid advertisements makes
sense in the offline world - where ads usually cost tens or hundreds
of thousands of dollars.  But as CDT documented in its comments to
the FEC, individuals can purchase political ads for as low as $10,
and the FEC's proposal would discourage the use of this type of
"online bumper sticker."  In its filing, CDT proposed that the FEC
designate a monetary threshold below which online ads would not be
regulated.

An overarching focus of CDT's comments to the FEC is the critical
need to establish an easy to understand "bright line" rule protecting
the online political speech of individuals.  The campaign finance
laws are both voluminous and very complex, and it is unrealistic to
expect that the millions of politically active Internet users would
be able to wade through the regulations and figure out how they
apply.  CDT argued to the FEC that it is essential that there be a
single, simple statement of any obligations that might apply to
ordinary citizens.

CDT's Comments also emphasized the unique contribution that the
Internet is making to the political process.  It has greatly expanded
the participation of ordinary citizens in the political process, and
has opened up a huge diversity of alternative sources for political
news and opinion.  As the last election showed, the Internet is a
powerful forum for democratic discourse, making it possible for
millions of ordinary Americans to have a real voice in electoral
politics and to have access to an extraordinary array of news and
opinion, delivered by bloggers and alternative media sources.
Ultimately, CDT believes that the Internet furthers the prime goals
of the campaign finance laws, and is part of the solution, not part
of the problem.

CDT's Comments to the FEC are available at
http://www.cdt.org/speech/political/20050603cdtcomments.pdf

The FEC's Notice of Proposed Rulemaking is available at
http://www.fec.gov/pdf/nprm/internet_comm/notice_2005-10.pdf
____________________________________________

(3) NEXT STEPS AT FEC AND IN CONGRESS

CDT has asked to testify at the FEC's planned hearings in its
rulemaking on June 28 and 29, 2005.  We hope to further emphasize to
the FEC the need to protect individuals' online speech, in a clear
and easy-to-understand way.

CDT will also continue to work with the diverse coalition of
organizations that are concerned about the impact of the campaign
finance laws on individuals.  Although there is broad agreement that
individuals' online speech should be protected, there is not
agreement about how best to do so.  By continuing the dialog with
groups and individuals representing a broad range of perspectives, we
hope to be able to develop consensus about ways to protect
individuals.

Utlimately, CDT believes that Congress may have to amend the campaign
finance laws to make clear that the speech of ordinary Internet users
is not covered.  Although CDT has urged the FEC to issue a very clear
ruling, the ability of the FEC to do so may be hampered by
requirements in the laws that the FEC is not free to change.  There
have been some proposals in Congress to protect Internet speech, and
CDT plans to work with members of Congress to develop a solution that
protects individuals' speech without opening large campaign finance
loopholes for candidates and political parties.

For more information: http://www.cdt.org/speech/political/ and
http://fec.cdt.org.
____________________________________________

Detailed information about online civil liberties issues may be found
at http://www.cdt.org/.

This document may be redistributed freely in full or linked to
http://www.cdt.org/publications/policyposts/11/13 .

Excerpts may be re-posted with prior permission of ari at cdt.org

Policy Post 11.13 Copyright 2005 Center for Democracy and Technology

_______________________________________________
http://www.cdt.org/mailman/listinfo/policy-posts

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