Congress Considers FEC Regulation of Internet Today
By Kate Kaye, 09/22/2005 - 10:50am

PersonalDemocracy blog regular and RedState pundit, Mike Krempasky, will speak before Congress today in support of the Online Freedom of Speech Act. An Online Media Daily story reports that he'll testify before the U.S. Congress Committee on House Administration.

On RedState.org, Krempasky has published his planned speech. Here are a few excerpts:

"[The Internet] has created exactly the sort of political 'utopia' that the so-called ‘campaign reformers’ ought to be praising. It’s an environment in which Big Money has no significant advantage over small speakers – a level playing field on which creativity and passion trump volume and muscle. But instead, thanks to the consequences of a lawsuit and the vagaries of the FEC rule-making process, this thriving and popular medium faces the prospect of destruction.

....the blogosphere is, in the simplest sense, not a broadcast medium. Consumers of news and information are not passive participants, they actively seek out the content they want. They have millions of choices at their fingertips. The power of the blogosphere is its amazing speed combined with a vast array of distributed resources. Many small voices speaking together consistently outweigh the well-funded interests. Bloggers don’t have influence because they start with large chunks of capital – in fact, most if not all start out as relatively lonely voices with tiny audiences. By delivering credible, interesting, and valuable content – their audience and influence grows over time.

Regulations that would create legal obstacles, burdens, thresholds and loophols [sic] for every individual blogger would generate a minefield that only the wealthy or the lawyers could navigate."

Our coverage of this ongoing debate has been pretty extensive. Check out some recent PersonalDemocracy.com articles and opinion:

It’s Gettin’ Hot (Headed) in Here: The FEC's Internet Summer
By Allison R. Hayward
The Federal Election Commission’s April proposal on how it should handle online communications like advertising and blog commentary has stirred much debate -- to use the polite term. It's time to get clear on just what all this FEC hulabaloo is all about. What's at stake? How might new regulations change the Net as we know it? Washington attorney Allison R. Hayward, and former counsel to FEC Commissioner Bradley A. Smith, lays it down.

Cutting on the Bias: Do We Need All This FEC Regulation?
By Allison Hayward
Washington attorney and former FEC counsel Allison Hayward wonders whether we’re relying too much on government regulation to protect us from biased political discourse. She figures, with politics being as cut-throat as they are, prejudice is bound to be exposed with or without the ever-evolving rules.

FEC Takes First Stab at Internet Rules: More Clarity Needed
By Richard Hasen
At first glance, the Federal Election Commission’s draft proposal for regulating Internet-based election activity is good news for the blogosphere. Contrary to the blogstorm of fears that it would take a heavy hand, the FEC seems to understand that this is a different medium where speech is cheap and the need for regulation aimed at constraining the corrupting effects of big money is slight. However, the FEC’s first stab at writing new rules raises as many questions as it seeks to answer, and we must remain wary of both intended and especially unintended consequences.

Should the FEC Regulate Political Blogging?
By Richard Hasen
The predictable blogstorm that erupted following Federal Election Commission Commissioner Bradley Smith’s C|NET News interview suggesting a "coming crackdown on blogging" should not obscure the fundamental and important questions facing the FEC: now that the Internet has become an important part of political life and campaigning in the U.S., what regulations are appropriate and constitutional?

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