On April 4, 2005, the Commission issued a Notice of Proposed Rulemaking on Internet Communications. The comment period closed June 3, 2005. The Commission will hold a public hearing on this rulemaking on June 28 and 29, 2005. The schedule appears below. For more information on this rulemaking visit our Rulemakings page.
The names of each witness are linked to their comments. These documents are in PDF format which requires the free Acrobat Reader available from Adobe Systems
11:15 a.m. – 11:30 a.m. Break
11:30 a.m. – 1:00 p.m. Panel 2:
Carol Darr, Institute for Politics, Democracy & the Internet
Marc E. Elias, John Kerry for President, Inc., and Kerry-Edwards 2004, Inc.
Don Simon, Democracy 21
Matt Stoller, BOPnews.com
1:00 p.m. – 2:30 p.m. Lunch Break
2:30 p.m. – 3:30 p.m. Panel 3:
Peter Bearse, Ph.D., economist and author of We the People: A Conservative Populism
James Bopp, Jr., James Madison Center for Free Speech
John Connolly, Print Debate Center Inc.
9:30 a.m. – 11:00 a.m. Panel 4:
Robert F. Bauer
Reid Alan Cox, Center for Individual Freedom
Laurence E. Gold, AFL-CIO
11:00 a.m. – 11:15 a.m. Break
11:15 a.m. – 12:45 p.m. Panel 5:
Jim Boulet, Jr., English First
Mark Jaskulski, Student, Widener University School of Law
Charles F. Marshall III, North Carolina Association of Broadcasters
Kristinn Taylor, Free Republic, LLC
12:45 p.m. – 2:15 p.m. Lunch Break
2:15 p.m. – 3:45 p.m. Panel 6:
Michael Bassik, The Online Coalition
Duncan Black, Eschaton (atrios.blogspot.com)
Trevor Potter, The Campaign Legal Center
Karl J. Sandstrom, OMB Watch
Good luck kristinn.
Nice you were not with Marc Elias or Marcos Zuniga. eeewww
FEC Hearing Today
By: Adam C · Section: FEC
Mr. Krempasky is doing his best Mr. Smith Goes to Washington impression today as he testifies before the FEC. For those who haven't been following closely, the FEC is required to regulate internet political activity and is now determining how it will do so. The FEC first draft (unreleased but acquired by RedState) was heavy on the regulation and short on the freedom.
Since the 2 day hearings start today, news is spreading. The DC Examiner has an op-ed on page 19 (annoying format) titled "Hands Off My Internet." Business week picks up the story. Kos will be there with Mike. If you want more background, head over to fec.Redstate.org and keep scrolling.
Please use the comments to add articles and op-eds that are floating around the net. And if anyone can watch CSPAN and liveblog parts of the proceeding it would be much appreciated. For the Krempasky fan club, make sure to turn on CSPAN at 9:45 AM to achieve groupie status. [Update:] The hearing is not being carried live - it will be rebroadcast.
Conrad Burns Sends Out Dear Colleague Letter
By: Erick · Section: FEC
Senator Conrad Burns, going the extra mile, in support of the Online Freedom of Speech Act. He released a "Dear Colleague" letter advocating in support of S.678. The letter is available in PDF form here.
In it, Senator Burns writes
Not only is the internet fundamentally different from the forms of public communication that were regulated by the Bipartisan Campaign Reform Act of 2002, it is uniquely susceptible to negative consequences of regulation. Unlike more traditional forms of media, internet communications cannot crowd out competitors. Scarcity is driven by consumer choice, not physical availability of bandwidth or shelf space. Because of this, the internet has been utilized in record numbers by individual Americans to voice their opinions on their government. Congress ought to embrace this political advance and avoid the knee-jerk reaction of regulating it because it is unprecedented. Congress much not choke this technology in its infancy.
You Can Blog About Us Considering Restricting Your Freedom
By: Erick · Section: FEC
In a somewhat ironic decision, the FEC has decided to set up wi-fi in its HQ so bloggers can live blog the hearings over internet regulations. In a letter to Mike Krempasky, the FEC said it planned to allow anyone who is interested to cover the hearings.
It is rare for a government agency to be so open to an idea such as this. It should also show the FEC that bloggers take their blogging seriously and are, in fact, citizen journalists, whether some like that idea or not.
Showtime at the FEC
By: krempasky · Section: FEC
The Powers That Be at the Federal Election Commission have seen fit to honor my request to testify at the public hearings regarding the proposed rules governing political activity on the InterWeb. (I think they honored everyone's, or close to it)
The hearings will be held June 28-29. I'll be on the opening panel on the morning of Tuesday, June 28. My co-panelists: Markos Moulitsas, John Morris from the Center for Democracy and Technology, and Larry Noble - former General Counsel and "reformer" extraordinaire. Should be fun. The hearings are open to the public - and you're all invited.
Freedom loses a champion
By: krempasky · Section: FEC
FEC Commissioner Bradley Smith has announced his (expected) resignation and his intention to return to his (preferred) life teaching law. I'm told he'll remain at the Commission through the summer, hopefully to cast one of his final votes on the rules governing political activity on the internet.
I've said it before and it remains true: to find a more effective advocate for free speech, to find a more important conservative in Washington, DC - you'll have to look very, very hard. (for a glimpse at his work, check out this letter to Messrs. McCain and company in response to a looney request that he recuse himself during the implementation of BCRA)
If you work or live in online politics - you owe Commissioner Smith a tremendous debt of gratitude for alterting all of us to the potential danger of FEC regulations on the internet.
So much for Messrs. Internet
By: krempasky · Section: FEC
Please note: I am not a Democrat. But if I were, boy - would I be ticked. Especially if I were a Democratic online activist who's put his faith in the new party leadership to change the nature of politics from an elite cadre of decisionmakers to a real grassroots movement.
You're tired of reading about blogs and the FEC. I don't blame you. Even if you're not reading RedState regularly - the story has been everywhere since mid-march. Which is exactly my point.
I was very interested to see what Joe Trippi and Howard Dean would say or do in terms of standing up for the medium that made them famous. After all, Mr. Trippi is hocking a book that tells
the story of how Trippi's revolutionary use of the Internet and an impassioned, contagious desire to overthrow politics as usual grew into a national grassroots movement and changed the face of politics forever.
Strong stuff. I'm sure Trippi had lots to tell the Federal Election Commission when it came to regulating blogs.
And who can forget Howard Dean's meteoric rise on the national political stage thanks to bloggers? As Ryan Lizza wrote way back in May, 2003:
One of the most important online vehicles for the Dean campaign is blogs. Just as President Bush has wooed conservative talk-show hosts, holding a special day for them at the White House, Dean is the first candidate to treat relatively unknown bloggers as a critical opinion-making constituency.
The quotes about "taking back America" and "you have the power" are legion. That Howard, I'll bet he's a powerful advocate for us at the Federal Election Commission - especailly now that he heads up the Democratic National Committee - the party organization he's pledged to open up to the little guy.
What's that sound? Utter, deafening silence. Nothing. Neither Trippi, nor Dean, nor any national Democratic committee (DNC, DCCC, DSCC) submitted word one to the FEC for this rulemaking. The Republican National Committee did. Kerry Edwards '04 did. Bloggers themselves did.
Three calls to the DNC yesterday by yours truly were met with complete and total bewilderment. And not one single returned call. "I don't know anything about that," was all one staffer in the communication shop had to say.
But Messrs. Internet? I suppose they're too busy, what with all their newfound fame and all. So if you are that Democratic activist, just click here to tell Dean and Trippi, "Thanks for nothing, pals"
FEC releases comments
By: krempasky · Section: FEC
The Federal Election Commission has updated their page, releasing the full list of comments received in response to their rulemaking process regarding politics and the internet. There's a LOT to read here (approximately 800 comments).
Requests to testify at the FEC
By: krempasky · Section: FEC
I just received from the FEC press office the following notice and list of those requesting to testify at the Commission regarding the rulemaking on Internet communications. Most of the names are recognizable - but some are not. Here's a request for help from the RedState community. If someone's listed here it means they submitted a comment to the FEC. If we don't have it indexed here, I'd like to get a copy. And yes - there's a very, very conspicious absence from not only this list - but perhaps from the entire process itself. Still working to confirm that one, though.
The comment period for the Internet Communications Notice of Proposed Rulemaking, Notice 2005-10, published on April 4, 2005 (70 FR 16967) closed on Friday, June 3, 2005.
So far, the Commission has received 808 timely comments and one late comment submitted in response to this rulemaking.
Of the 809 comments, 795 were filed electronically and are accessible through the following link.
Please note that among these electronic comments there are instances where individuals have submitted duplicated comments.
Additionally, the Commission received 13 timely paper comments and one late paper comment which we will circulate later today.
Finally, the Commission received 22 requests to testify from the following:
More responses to the FEC
By: krempasky · Section: FEC
I've updated this post to include comments by:
Henry Copeland, BlogAds.com
Glenn Reynolds, Instapundit
Republican National Committee
Gun Owners of America
James Madison Center for Free Speech
McCain, et al - BCRA co-sponsors
I've not had the chance to read the new comments - so any help (Erick? Allison?) would be most appreciated.
Statement of Senator Burns - Online Freedom of Speech Act
By: Nick Danger · Section: FEC
Mr. BURNS. Mr. President, I rise today to express my support for the Online Freedom of Speech Act which my colleague Senator REID has introduced. This legislation clarifies the campaign finance legislation of 2002 in order to restore freedom of speech to the Internet.
DOCUMENTS: Responses to the FEC
By: krempasky · Section: FEC
As more groups weigh in before tomorrow's deadline, I'll keep updating this post with as many comments as I can get a hold of. They make for interesting reading - especially the tensions between the different organizations and viewpoints. We'll host the .pdf files as well as html versions to encourage discussion.
The Online Coalition, on behalf of bloggers, decidely anti-regulation. Includes a request for the media exemption for bloggers:
Institute for Politics, Democracy, & the Internet, George Washington University. Advocates broad reform of campaign finance rules, much of which cannot be done without Congress. Strongly opposes blanket media exemption for bloggers:
Center for Individual Freedom, generally anti-regulatory, raises good concerns about definitions and restrictions on email communications:
Bob Bauer, Perkins-Coie, the FEC has choices, they need to regulate as little as possible, their current NPRM unnecessarily complicates, well - everything. Also, the Commission should issue a Statement of Policy that would express its deregulative commitment:
Democracy21, Campaign Legal Center, and the Center for Responsive Politics, arguably the most important comment submitted to the FEC, they make attempt to appear pro-blogger, but with many caveats:
Joe Birkenstock, practicing Democratic election attorney, largely focuses on disclaimer requirements:
Markos Moulitsas, Matt Stoller, & Duncan Black, an outstanding comment authored by Adam Bonin that took some extra time to respond specifically to some of the reformers' filings:
English First, I admit I haven't had a chance to read their comment yet, please weigh in on the comment thread:
OMB Watch, comments authored by former FEC Commissioner Karl Sandstrom:
Center for Democracy & Technology, Clearly John Morris and Leslie Harris hate me since they filed a 49-page comment. Needless to say, I've not read it - although I predict they accurately reflect their very sensible and pro-freedom statement of principles:
Professor Glenn Reynolds, Instapundit. "I can imagine few more effective ways of diminishing public regard for the political process than declaring unfettered political speech the domain of a narrow guild of favored professionals.":
Gun Owners of America:
Henry Copeland, BlogAds.com, Henry provides some crucial data to the discussion:
James Madison Center for Free Speech, as the name would imply:
Republican National Committee, I'm very interested to read the RNC's take, but have not had the chance:
BCRA Co-Sponsors, And now come the reformers themselves:
-- More at http://fec.redstate.org/