The Democracy Project has read a draft version, and likes them; among other things, it praises this section:
No expenditure results where an individual, acting independently or as a volunteer, without receiving compensation, performs Internet activities using computer equipment and services that he or she personally owns for the purpose of influencing any Federal election, whether or not the individual’s activities are known to or coordinated with any candidate, authorized committee or party committee.
Now it’s hard to tell for sure without reading the full proposal, but doesn’t this seem quite narrow? I’m typing this on a UCLA computer right now; I don’t personally own it. (I think UCLA doesn’t object to academics using their office computers for drafting election-related materials, but let’s set that aside for now; I’m sure that many universities permit such activity.) The material is being posted on a PowerBlogs host, which I also don’t personally own. If the Conspiracy were organized as a corporation — as are most newspapers and magazines — that owned the computers and let the bloggers use them, then I wouldn’t be using a computer that I personally own, either. Likewise if I were to blog from an Internet cafe, or from a friend’s house, or from an office at a school at which I’m visiting.
I hope the FEC doesn’t really mean to limit the rule to people who do their own hosting, and who compose everything solely on computers that they themselves own. And perhaps in context the final proposed rule will make that clear. But as written, this particular paragraph offers little cause for rejoicing.
UPDATE: The proposed rules can now be read in their entirety; the relevant part reads:
No contribution results where an individual, acting independently or as a volunteer, without receiving compensation, performs Internet activities using computer equipment and services that he or she personally owns for the purpose of influencing any Federal election, whether or not the individual’s activities are known to or coordinated with any candidate, authorized committee or party committee.
(2) No contribution results where an individual, acting independently or as a volunteer, without receiving compensation, performs Internet activities using computer equipment and services available at any public facility for the purpose of influencing any Federal election, whether or not the individual’s activities are known to or coordinated with any candidate, authorized committee or party committee. The term “public facility” within the meaning of this section shall include, but is not limited to, public libraries, public schools, community centers, and Internet cafes.
(3) No contribution results where an individual, acting independently or as a volunteer, without receiving compensation, performs Internet activities using computer equipment and services in his or her residential premises for the purpose of influencing any Federal election, whether or not the individual’s activities are known to or coordinated with any candidate, authorized committee or party committee.
This means that there’s no problem with blogging from an Internet cafe, which is why I struck out that example above. But my other examples remain.
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