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When Blogging is Political Flogging

Twelve million visitors drop by The Daily Kos every month on average, drinking in its digest of news and opinion on progressive politics. The site raises money for Democrats, promotes certain candidacies, links to campaigns. Founder Markos Moulitsas Zuniga also earned money for providing technical assistance to former presidential candidate Howard Dean. "Kos," as he's called, didn't hide that fact. To the contrary, he announced it front and center on his site.

But is this contributing or coordinating with political campaigns? Those are key words. With the FEC required by a federal judge to draft new rules regulating the Internet's role in elections, many bloggers and civil libertarians are worried that the commission will over step its role and curb the free-ranging debate that goes on in these sites.

Two days of hearings begin today, and prominent local bloggers play major roles. Duncan Black, a Philadelphian who writes the Eschaton blog under the pen name Atrios, is testifying Wednesday. Atrios does fundraising for Democratic candidates, and like Kos, accepts paid ads from federal campaigns.

Matt Stoller, co-creator of The Blogging of the President, testifies today, as does Kos. ("Just a guy with a blog," Kos testified today, the AP reports.) Stoller has recently been hired by the Corzine for Governor campaign - again, he announced this - and the new regulations raise questions about his ability to blog independently about federal campaigns.

Representing the three, and author of their comment in response to the FEC's proposed rules, is Adam Bonin, a Philadelphia attorney and blogger, himself.

In an interview, Bonin described the fight as "both ends against the middle" - left and right bloggers opposing the regulations, which are supported by good-government types who feel elaborate rules best control problematic behavior.

"What troubles me most is that in regulating against harms that do not exist, they are going to retard the future development of political technologies, like blogging, podcasting or elsewhere."

The FEC rules respond to concerns like those expressed by Richard L. Hasen, a professor at Loyola Law School in Los Angeles and author of the Election Law blog. He told the Washington Post of a scenario where "somebody is blogging at the behest of a campaign and nobody knows it. If, for example, for are a U.S. Senate candidate and you have a blogger who you're paying to write good things about you and bad things about your opponent, it will eventually come out. But that may not come out until after the election." Article here.

Bonin argues that no one found out to be in a politicians employ would enjoy any credibility. It is an ethical matter, not a regulatory one, he says. And it could be better addressed by requiring that campaign finance documents be filed more promptly and in searchable form.

Two bloggers have been found to have been paid $35,000 as consultants for their work -- by the John Thule for Senate Campaign. This wasn't disclosed until reported by the Sioux Falls Argus Leader in August. Thune, a Republican, unseated former House minority leader Tom Daschle, a Democrat.

After two days of hearing the commission will produce its final regulations later this year.

Jason
Posted 06/28/2005 10:31:28 AM
I just read the PDF (well, more than half of it), linked under your "comment in response".  They will make a strong case.  Good for them.
JLo
Posted 06/28/2005 10:44:43 AM
DR - Great overview. Just a quick note: the freshman senator's name is "Thune", and one of his aides may or may not have made a drunken joke at a DC party about staging a war to win an election. I couldn't say one way or the other.
daniel rubin
Posted 06/28/2005 10:55:39 AM
Sorry. I always confuse him with Swedish sports utility transportation. Corrected.
Brian Michael
Posted 06/28/2005 02:46:14 PM
These issues were brought a few months ago at the Politics Online conference in DC (http://www.ipdi.org/politicsonline).  The Scott Thomas, the FEC chairman, was keen to point out that not only will these hearings not affect the vast majority of bloggers that do not contribute to campaigns but also, and more importantly, they are established to flesh out the details of the campaign law passed by Congress.  Like too often the case, the lines of government accountability are blurred here. 
JLo
Posted 06/29/2005 08:51:38 AM
Well, to your credit, he is a massive tool.