Draft 1 For the reasons set out in the preamble, the Federal Election Commission amends 2 Subchapter A of Chapter 1 of Title 11 of the Code of Federal Regulations as follows: 3 PART 100 SCOPE AND DEFINITIONS (2 U.S.C. 431) 4 1. The authority citation for part 100 continues to read as follows: 5 Authority: 2 U.S.C. 431, 434, and 438(a)(8). 6 2. Section 100.25 continues to reads as follows: 7 § 100.25 Generic campaign activity (2 U.S.C. 431(21)). 8 Generic campaign activity means a public communication that promotes or opposes a 9 political party and does not promote or oppose a clearly identified Federal candidate or a 10 non-Federal candidate. 11 3. Section 100.26 is revised to read as follows: 12 § 100.26 Public communication (2 U.S.C. 431(22)). 13 Public communication means a communication by means of any broadcast, cable, or 14 satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing 15 or telephone bank to the general public, or any other form of general public political 16 advertising. The term general public political advertising shall not include 17 communications over the Internet, except for communications placed for a fee on another 18 person's website. 19 4. The introductory text of section 100.73 is revised to read as follows: 20 § 100.73 News story, commentary, or editorial by the media. 21 Any cost incurred in covering or carrying a news story, commentary, or editorial 22 by any broadcasting station (including a cable television operator, programmer or 23 producer), website, newspaper, magazine, or other periodical publication, including any86Draft1 Internet or electronic publication, is not a contribution unless the facility is owned or 2 controlled by any political party, political committee, or candidate, in which case the 3 costs for a news story: 4 * * * * * 5 5. Section 100.94 is added to read as follows: 6 § 100.94 Uncompensated Internet activity by individuals that is not a contribution. 7 (a) When an individual or a group of individuals, acting independently or in coordination 8 with any candidate, authorized committee, or political party committee, engages in 9 Internet activities for the purpose of influencing a Federal election, neither of the 10 following is a contribution by that individual or group of individuals: 11 (1) the individual's uncompensated personal services related to such Internet 12 activities; 13 (2) the individual's use of equipment or services for uncompensated Internet 14 activities, regardless of who owns the equipment and services. 15 (b) Internet activities. For the purposes of this section, the term Internet activities 16 includes, but is not limited to: sending or forwarding electronic messages; providing a 17 hyperlink or other direct access to another person's website; blogging; creating 18 maintaining or hosting a website; paying a nominal fee for the use of another person's 19 website; and other forms of communication distributed over the Internet. 20 (c) Equipment and services. "Equipment and services" within the meaning of this 21 section shall include, but are not limited to: computers, software, Internet domain names, 22 Internet Service Provider (ISP), and any other technology that is used to provide access to 23 or use of the Internet.87Draft1 (d) Paragraph (a) of this section also applies to any corporation that is wholly owned by 2 one or more individuals, that engages primarily in Internet activities, and that does not 3 derive a substantial portion of its revenues from sources other than income from its 4 Internet activities. 5 (e) This section does not exempt from the definition of contribution: 6 (1) any payment for a public communication (as defined in 11 CFR 100.26) 7 other than a nominal fee; or 8 (2) any payment for the purchase or rental of an e-mail address list made at 9 the direction of a political committee; or 10 (3) any payment for an e-mail address list that is transferred to a political 11 committee. 12 6. The introductory text of section 100.132 is revised to read as follows: 13 § 100.132 News story, commentary, or editorial by the media. 14 Any cost incurred in covering or carrying a news story, commentary, or editorial 15 by any broadcasting station (including a cable television operator, programmer or 16 producer), website, newspaper, magazine, or other periodical publication, including any 17 Internet or electronic publication, is not an expenditure unless the facility is owned or 18 controlled by any political party, political committee, or candidate, in which case the cost 19 for a news story: 20 * * * * * 21 7. Section 100.155 is added to read as follows: 22 § 100.155 Uncompensated Internet activity by individuals that is not an expenditure.88Draft1 (a) When an individual or a group of individuals, acting independently or in coordination 2 with any candidate, authorized committee, or political party committee, engages in 3 Internet activities for the purpose of influencing a Federal election, neither of the 4 following is an expenditure by that individual or group of individuals: 5 (1) the individual's uncompensated personal services related to such Internet 6 activities; 7 (2) the individual's use of equipment or services for uncompensated Internet 8 activities, regardless of who owns the equipment and services. 9 (b) Internet activities. For the purposes of this section, the term Internet activities 10 includes, but is not limited to: sending or forwarding electronic messages; providing a 11 hyperlink or other direct access to another person's website; blogging; creating 12 maintaining or hosting a website; paying a nominal fee for the use of another person's 13 website; and other forms of communication distributed over the Internet. 14 (c) Equipment and services. "Equipment and services" within the meaning of this 15 section shall include, but are not limited to: computers, software, Internet domain names, 16 Internet Service Provider (ISP), and any other technology that is used to provide access to 17 or use of the Internet. 18 (d) Paragraph (a) of this section also applies to any corporation that is wholly owned by 19 one or more individuals, that engages primarily in Internet activities, and that does not 20 derive a substantial portion of its revenues from sources other than income from its 21 Internet activities. 22 (e) This section does not exempt from the definition of expenditure:89Draft1 (1) any payment for a public communication (as defined in 11 CFR 100.26) 2 other than a nominal fee; or 3 (2) any payment for the purchase or rental of an e-mail address list made at 4 the direction of a political committee; or 5 (3) any payment for an e-mail address list that is transferred to a political 6 committee.
Thanks for that post.
6 § 100.94 Uncompensated Internet activity by individuals that is not a contribution.
7 (a) When an individual or a group of individuals, acting independently or in coordination
8 with any candidate, authorized committee, or political party committee, engages in
9 Internet activities for the purpose of influencing a Federal election, neither of the
10 following is a contribution by that individual or group of individuals:
11 (1) the individual's uncompensated personal services related to such Internet
12 activities;
13 (2) the individual's use of equipment or services for uncompensated Internet
14 activities, regardless of who owns the equipment and services.
15 (b) Internet activities. For the purposes of this section, the term Internet activities
16 includes, but is not limited to: sending or forwarding electronic messages; providing a
17 hyperlink or other direct access to another person's website; blogging; creating
18 maintaining or hosting a website; paying a nominal fee for the use of another person's
19 website; and other forms of communication distributed over the Internet.
20 (c) Equipment and services. "Equipment and services" within the meaning of this
21 section shall include, but are not limited to: computers, software, Internet domain names,
22 Internet Service Provider (ISP), and any other technology that is used to provide access to
23 or use of the Internet.
Then any web site that call itself "Democratic Underground" and has this for a statement of purpose:
"Democratic Underground welcomes Democrats of all stripes, from centrist to liberal. We are all part of the same coalition, and we need everyone in order to win. If there exists an "official" editorial position, it is broadly pro-Democrat and anti-conservative. We are partisan because we feel very strongly that the Democratic Party is the only viable option for real progressive change"would tend to be covered by this and would have to shut-down before an election or at least count it operations as campaign contributions would it not?