Blogging Laws

I did not receive an email like this today:

Greetings Mr. Winkler,

The Federal Election Commission would like to inform you of an observed non-compliance with FEC election laws concerning the publication of works regarding candidates for federal office.

Your weblog has been selected by an automated system to be evaluated by an agent selected for this purpose. A copy of selected portions of your site has been cached by the FEC system and will be presented to the court upon any findings of non-compliance by the FEC agent.

You will receive additional correspondence from the FEC regarding this matter via registered mail. Please provide any additional requested information about the content of your site, the location of your server, and the visitor logs to the FEC agent upon request.

Thank you for your cooperation.

Scary?I did make up the whole thing (as you might notice in my prefix to the letter) but wouldn't that totally freak you out?

Well, guess what? It might not be as unreal as you think. The government is looking to legislate blogs. And it's not all good.

If you're not into reading the links in the previous paragraph, here's the gist: Republican Jeb Hensarling of Texas sponsored a bill that would add words to the federal election laws that would exclude the internet from restrictions imposed on newspapers, TV, and other media regarding promoting candidates. The actual text change reads, "Such term shall not include communications over the Internet."

The vote went to the floor looking for a 2/3 approval, and didn't get it. Why? Mostly because Democrats voted against it. I can't figure that one out.

Anyway, as the law stands, if you're writing a political blog, it seems you are subject to the laws overseen by the Federal Election Commision. Look out for fines!

Is it just a short step from regulating your free speech about/for/against political candidates to regulating your speech about, well, anything?

I have the thought that it's going to be too difficult to police, and it will be such a clear violation of constitutional rights that anyone that does stand up to it would have it thrown out. But am I wrong? Does this thing have teeth? Or does merely talking about it give it the teeth that it needs to start biting us all?


10 Responses to Blogging Laws

  1. howard from www.thesmedleylog.com 1969-12-31 19:00:00

    "The government is looking to legislate blogs. And it’s not all good."

    What a strange way to put it, Owen. Is any of it good?

    Scary, yes; good, no. I have to think that even with the laws on the books and those that might be made, at least as pertains to the FCC, there'd have to be money trail, right?

  2. howard from www.thesmedleylog.com 1969-12-31 19:00:00

    Sorry, "FCC" was a typo. I did mean to type "FEC", as you previously wrote.

  3. Owen from www.asymptomatic.net 1969-12-31 19:00:00

    Well, the point is that the change in the law as written is great - it keeps the FEC out of the internet. But it was voted down, and that's the bad part.

  4. MacManX.com » Blogroll Dive: 11/7/05 from www.macmanx.com 1969-12-31 19:00:00

    [...] Owen ruminates on a proposed regulation which could allow the Federal Election Commission to police blogs and moderate freedom of speech. [...]

  5. Owen from www.asymptomatic.net 1969-12-31 19:00:00

    More info from Brian:
    http://www.nationalreview.com/comment/hayward200511040830.asp

  6. Owen from www.asymptomatic.net 1969-12-31 19:00:00

    Even more at Daily Kos

  7. valerie from spoken-for.org 1969-12-31 19:00:00

    Hmmm... I don't know what to say. But this is not good, not good at all...

  8. Jon Merson 1969-12-31 19:00:00

    Ha stealing content are you sppplllllooooggggggggggggggggg off

  9. Owen from www.asymptomatic.net 1969-12-31 19:00:00

    Jon Merson: Uh.... What? No, I wrote that fictional letter, if that's what you're implying.

  10. Eric Wallace from ecrosstexas.com 1969-12-31 19:00:00

    Just like those Democrats to vote AGAINST our rights!

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