Thursday, March 24, 2005

Bloggers as Campaign Contributors

As noted on this blog and in many others, the applicability of the McCain-Feingold campaign finance act to internet activities such as blogging and bulk emailing has come before the FEC. A key question was what constitutes a campaign contribution? The FEC has now published its proposed regulation revisions to accommodate internet activity. Of interest is ยง 100.94 which addresses uncompensated activity that is not a contribution. Essentially, if a person performs internet activity, e.g. writes blog postings, "using computer equipment and services"
  • "that he or she personally owns," or
  • "available at any public facility," or
  • "in his or her residential premises"
then that activity is not a campaign contribution. The list of exclusions is flawed. What if I post to my blog from a friend's computer in their home? What if I post from work? What if I post from a college campus computer lab? (The computer lab might be considered an Internet Cafe, which is part of the definition of public facility. But since the lab is not open to the public, I don't know.)

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