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Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.
Original message: http://www.aclu.org/news/1999/n101399b.html ***** Date: Wed, 27 Oct 1999 09:26:00 -0700 (PDT) From: Ken Arromdee <arromdee@rahul.net> To: Declan McCullagh <declan@well.com> Subject: Re: FC: Run a political web site, go to jail? FEC rules challenged... If you read the decision itself, it says that "some portion" of the expenses can be apportioned to each web site on the computer. Nowhere does it state that the entire cost of the computer is counted towards the $250 limit. The ACLU's message did not accurately describe the decision. **** Date: Wed, 27 Oct 1999 11:33:31 -0500 From: David J. Loundy <David@Loundy.com> To: declan@well.com Subject: Re: FC: Run a political web site, go to jail? FEC rules challenged... At 10:32 AM -0500 10/27/99, you wrote: >> >>FEC Says Running Partisan Web Site Counts as Political Contribution >>A bizarre ruling by the US Federal Election Comission (FEC) says that anyone >>who expresses their political opinion on a Web site which runs on a computer >>worth over $250 may be violating federal election law. The law requires that >>people who spend over $250 donating cash or expressing their political views >>must disclose their identity and register their contact information. I wonder if this means we can get a tax right off of the cost of our computers as a charitable contribution for running SETI@Home... --David-- ***** Date: Wed, 27 Oct 1999 17:22:19 -0400 (EDT) From: Jim Dempsey <jdempsey@cdt.org> To: declan@well.com Subject: Re: FC: Run a political web site, go to jail? FEC rules challenged... Declan, On Thursday, Oct 28, the Federal Election Commission is scheduled to vote on two Advisory Opinions on Internet political speech. In one case, the draft opinion prepared by the general counsel's office in response to a query from the George Bush campaign would make it clear that campaign volunteers who use their home computers to create a web site supporting their candidate (or criticizing his or her opponent) are not making a regulated contribution. However, the draft opinion leaves in legal limbo the person who does not wish to affiliate with a campaign as a "volunteer," but still wants to speak his or her political mind. That person will remain subject to the independent expenditure rules, which allow for unlimited spending but require registration and reporting with the FEC if expenditures exceed $250. Moreover, the draft opinion says that the downloading and reposting of materials from an official website constitutes a regulated contribution. And the draft opinion seems to endorse the earlier ruling that the cost of one's computer must be counted in determining the value of the contribution or expenditure. I think the Commission is also expected to make it easier for non-partisan groups to host online debates without running afoul of the rules against corporate contributions. Finally, the Commission may approve a Notice of Inquiry proposed by Commissioner David Mason, launching a general rulemaking proceeding of indefinite duration, which could answer the independent expenditure question and others. Despite the somewhat off-putting sound of an FEC "inquiry" on the Internet, it is probably the only way, short of Congressional amendment to the federal campaign finance law, to dispel the chilling effect of the type of rulings referenced in your post. The Commission meets at 10:00 AM, 999 E Street NW, 9th Floor. For background see "Square Pegs and Round Holes: Applying Campaign Finance Law to the Internet - Risks to Free Expression & Democratic Values" http://www.cdt.org/speech/political/financereport.shtml Jim Dempsey Center for Democracy and Technology 1634 I Street, NW Suite 1100 Washington DC, 20006 voice: 202.637.9800 fax: 202.637.0968 jdempsey@cdt.org * WORKING FOR DEMOCRATIC VALUES IN A DIGITAL AGE * Protecting Free Speech and Privacy on the Internet http://www.cdt.org/ -------------------------------------------------------------------------- POLITECH -- the moderated mailing list of politics and technology To subscribe: send a message to majordomo@vorlon.mit.edu with this text: subscribe politech More information is at http://www.well.com/~declan/politech/ --------------------------------------------------------------------------