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:
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.
