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• PDC policy: no new regulation of internet
  

  Following up with its questions of Campaigns and the Internet, the Washington State Public Disclosure Commission staff has prepared a draft interpretation of rules for the full commission to discuss and adopt at its meeting on Thursday, October 25th at 9:30 AM in Olympia.  Update:  This policy was adopted by the commission at their meeting.

  This interpreation of the rules were proposed based on a panel I participated in regarding the Internet and Campaigns on August 20th and Commision discussion on September 28th.

  [note:  all of these quotes are draft proposals by staff to the commission and not yet adopted] 

  The Commission’s intent in providing this Interpretation is based on state voters’ strong interest in public disclosure of campaign financing which allows the public to “follow the money.” However, the Commission also recognizes the unique and evolving nature of the Internet, and that it often offers no-cost or low-cost opportunities for candidates, voters, bloggers and others to participate in the political process. The focus of the agency will be to first apply current state laws and rules to Internet activity where possible, before promulgating new rules or amending current rules.

  The draft interpretation includes the following general principles:

  • The PDC wants to "not interfere with the free flow of political information via the internet, particularly when the information is provided at no or little cost."
  • The PDC recognizes the "internet is unique and evolving and warrants a restrained regulatory approach at this time."
  • Where possible, "state regulation of Internet activity will follow the Federal Election Commission approach" (which does not regulate or require disclosure for uncompensated bloggers, and only requires disclosure on expenditures by people buying ads or paying consultants). 

  Some specific items mentioned in the proposal include:

  Payment is key.  Paid advertising placed on another’s web site is subject to disclosure and reporting by the person paying for the advertising.  If no cost is involved (such as a link or web badge), no reporting or disclaimers are required. 
  
  Note:  If web site owner, blog or internet provider normally charges a fee, but provides that service to a candidate for free, it is an in-kind contribution to that campaign. 

  Tip Jars / Pledge Week:   A blogger who simply has a "tip jar" and has no direct payment arrangement with a candidate, campaign or political committee to post specific information in support or opposition to a candidate or campaign in exchange for the "tips" is not subject to any PDC regulatory requirements, nor is the donor.  

  Media exemption.  Staff recommends that the PDC apply the media exemption to online publications at this time.

  Overall, as campaigns move in internet time, it appears that staff--for now--is recommending tha the Washington State PDC let them be.  And the Public Disclosure Commission agrees.

• PDC discussion: media exemption, tip jars, disclaimers, technical volunteers
  

  The Washington State Public Disclosure Commission (PDC) is considering including web sites in their requirements for reporting for political campaigns.

  PDC Assistant Director Doug Ellis summarized his memo, emphasizing the guiding principles that staff developed.  Staff is looking to the commission for "general direction" for rulemaking, if the commission decided to take action here.

  PDC Counsel Nancy Krier discussed the approach used by the Federal Election Commission (FEC), which takes a "follow the money" approach for spending, not sites receiving advertising revenue.  She mentioned that the fact the PDC is looking at the internet reflects they are "cutting edge" and "ahead of the curve", and couldn't mention examples from other states doing so.

  The discussion compared the FEC approach, current state law and regulations, and potential areas of interest for action:

  • media exemption--does it apply to bloggers?  Currently, it doesn't for Washingotn State races.
  • how to identify who is the person or organization behind web sites?  Currently, sites are not required to disclose.
  • does income from "tip jar" contributions to political sites get reported?  Currently, it would only be reported as spending if contribution came from a candidate or committee.
  • are disclaimers required on mass email?  Currently, they are not in Washington State races.
  • what is the threshold volunteers who are freelancers or semi-professionals provide services of web site deign and maintenance without it being considered an in-kind contribution?  The commission discussed having a threshold of $10,000.

  The discussion between Commissioners and Staff was fairly detailed, informed, with good specific questions based on scenarios that we laid out in last month's panel and others that the commissioners are exploring.

  The PDC recessed for lunch without formal action. 

• Net Neutrality: It's About Fair Access to All On the Information Superhighway
  

  ...Not Just an Interestate vs. Toll Road

  Today, Verizon Wireless declined to allow a political campaign to send text messages over their network.  This was for a campaign where the receipients of the text messages had explicitly signed up to receive them.  But the corporation said that the messages were too controversial.

  Most telecommunications companies have opposed net neutrality saying that it would prevent them from building a express delivery "toll road" that provides selected cusotmers with faster or guaranteed service for delivering their content (for extra pay, of course). 

  But, this example illustrates the importance of network neutrality in treating all internet traffic