Thebes writes "Under Senate Bill S.1, political bloggers with a readership of over 500 who comment on policy matters or hope to incite 'grassroots' action amongst their readers would be forced to register with the Federal Government as lobbyists."
Huh. I thought it was only the Republicans who were after our 1st Amendment rights. But here are the Democrats [loc.gov] assaulting our freedoms again [slashdot.org] by trying to control who says what [cbn.com].
<sarcasm>Oh, never mind, they just want to make sure we have "our papers in order" before we can criticize them.</sarcasm> And we thought that they would be for our rights. But it looks like they are just interested in using the power to stay in power.
It's time to lose the naivte and realize that politicians (whether Republicans or Democrats) are only interested in one thing--getting re-elected.
The key here is "Paid attempts." Bloggers who don't receive an income in exchange for their work aren't affected. By the way, take a look at the person TFA cites as the source. It's bullshit FUD from Richard A. Viguerie [wikipedia.org], whose bread and butter is fundraising conservative causes and blogging about right-wing lobbying interests. The only people who will be affected by this legislation are BS-peddlers like him and all the fake think tanks and policy-pushing "advocacy groups" he raises money for.
Bloggers who don't receive an income in exchange for their work aren't affected.
So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist? Then why shouldn't news anchors/columnists have to do the same? One of the things that (supposedly) led to the American Revolution was the stamp tax. Any attempt to restrict the free press is bad, no matter the consequences. And nothing is more "free press" than a private citizen deciding to write down their thoughts and distribute them to people, for profit or otherwise.
This makes sense...Of course the government wants to register bloggers as lobbyists. It's the same as re-branding people against the invasion of Iraq as unpatriotic. The word 'lobbyist' is seen so negatively that it instantly detracts from any respect a blogger has.
Just imagine that first article written in the New York Times that mentions a blogger with a small letter note beside the name saying Registered Lobbyist #958970. Good-bye reputation...
Or the first unregistered blogger who says something the government really doesn't like...fines, jail time, mandatory censorship? After all, they broke laws that lobbyists must conform to. This is a simple and systematic way to quiet down the people that aren't under control.
But it is because I support my nation, that I was against the invasion of Iraq. It was a bad decision made on false information and a family grudge. Quite obviously that particular culture isn't ready for democracy. This rediculous idea that we need to "spread freedom to the world" is about as well placed as people trying to "save my soul" The desire and initial action must come from within in order for any real change to take place.
So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist?
No, if you get paid by a political campaign to influence a large number of people, you have to register as a lobbyist. However, the people writing the article see this as a bad thing. To me, it smells like they don't want *their* employeers revealed.
Grassroots organizations that are paid for by the GOP / Dems just look pathetic. On the other hand, a witty anonymous blogger paid for by the GOP / Dems can present themselves as credible and balanced; in the scheme of campaigns, this is not legal.
And yes, courts have held up campaign laws as reasonable limits on free speech over and over again. Are you really saying "being paid to write and distributing a pamphlet" is so fundamentally different from "being paid to write and distribute a pamp^H^H^H^H BLOG! ON THE INTERNET!" that it should abide by a second set of laws?
To put things in perspective, Slashdoters often complain there's fundamentally no difference in "doing X" and "doing X ON THE INTERNET!" so they shouldn't be patentable. Why did we suddenly decide "being a lobbyist" and "being a lobbyist ON THE INTERNET!" are so fundamentally different?
...Are you really saying "being paid to write and distributing a pamphlet" is so fundamentally different from "being paid to write and distribute a pamp^H^H^H^H BLOG! ON THE INTERNET!" that it should abide by a second set of laws?
To put things in perspective, Slashdoters often complain there's fundamentally no difference in "doing X" and "doing X ON THE INTERNET!" so they shouldn't be patentable. Why did we suddenly decide "being a lobbyist" and "being a lobbyist ON THE INTERNET!" are so fundamentally different?
From a readership perspective, I don't see the difference between pontificating on the internets and doing so elsewhere, nor between doing so for free and doing so for profit. If we accept this regulation, how do we measure whether an employer is of the sort that requires registration of its journalist employees? Are only the DNC & RNC covered? What about the NRA or PETA? CBS news? Fox news? How about The Heritage Foundation, or MoveOn.org? What about the Church of Scientology, or Richard Stallman...? Where does one draw the line between regulated and unregulated sponsors of published opinions?
Political speech is exactly the kind of speech the First Amendment is meant to protect. If a regulation usurps the freedom to publish political speech anonymously or pseudonymously, then that's not reform, it's a cancer.
I guess onion routers aren't just for Chinese dissidents anymore...
(By the way, I don't think bloggers and pundits should really be called "lobbyists." Lobbyists are generally folks who cajole the elected officials themselves into doing things.)
So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist?
No. Here's why:
`(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.
You will have to register as a lobbyist if somebody cuts you a check to post, on your blog, a call to the public to write government officials requesting specific official action.
For example, if ExxonMobil pays me $1000 to write a blog post that urges my (over 500) readers to write their Congressional delegation to vote in favor of a bill that opens up ANWR, I would have to register as a lobbyist.
This bill is intended to call fake grassroots astroturfing what it is--lobbying.
In reading clause 220 [loc.gov], I don't see what the fuss is about. As far as I can tell, this really is about regulating those who are paid specifically to generate "grassroots" action.
From the text of the bill:
(18) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING-
`(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A),....
`(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.
...
`(19) GRASSROOTS LOBBYING FIRM- The term `grassroots lobbying firm' means a person or entity that--
`(A) is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and
`(B) receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.'.
That's the thing about free speech. If you define "free but you can't deceive", then it's not free anymore. And I don't like that slippery slope, so I'm willing to live with being deceived. In the end it's my fault for believing them, not their fault for writing junk.
If you are being paid to advertise a position, it was never free(libre) speech in the first place. It's commercial speech and has been regulated for centuries. You can't advertise Twinkies as a cure for cancer if you make money selling Twinkies, and society is far better off for having restricted such fraudulent or deceptive speech.
Unopposed distribution of political speech, including the distribution of political pamphlets, has always been legal. At the very least, this law will cause a "chilling effect" on political bloggers, paid or otherwise. At its worst, it could rob our generation of our Johnathan Swifts, our Thomas Paines, and our James Madisons, all of whom published political pamphlets anonymously or under a pseudonym. Certainly this law would not prevent anonymous contributions to political thought, but my point is that political speech should not be infringed, regardless of its motivation. Stopping FUD is not worth sacrificing unopposed free speech.
...he says, as he lists both Democrats AND Republicans.
It's time to lose the naivte and realize that politicians (whether Republicans or Democrats) are only interested in one thing--getting re-elected.
Generalizations are rarely a good approach to take. There are a lot of shady, unscrupulous politicians. There are also good ones who try and do the best they can in what are usually difficult jobs.
By dismissing every elected official in the country you basical
No, it's really not. They are designed to kill or injure other people or other living things. No question about that.
Although the vast majority of nuclear bombs have not been used, wouldn't you still say that the primary intent of a nuclear bomb is to kill a lot of people really fast?
And the way this could be used is if someone here on slashdot raised the eyebrows of a powerful lobby (err.. politician) and they decided to go after you. They could put you in jail for saying something they don't like, on the grounds that you are lobbying without a permit.
I'm not sure, the text [cbn.com] indicates that you have to be paid. And if I could read legal I would be more confident, but it looks like you might have to be paid to do exactly what you are doing (i.e. if someone posted after being paid to post by a politician).
The fact remains that no matter how many guns you can get your hands on there is always one group who will have more. They are the various law enforcement organisations of the US (or any other country for that matter). You think owning a firearm of any kind will do you any good if the government decided to get rid of you?
Whether you agree with the pro-gun lobby or not the fact remains that if you were a threat to the government and they found out, the special forces they sent in could brush you aside without the slightest amount of trouble. They are better trained than you could hope to be (while trying to hold down a full time job anyway) and better equiped. They also have infintely more experience at killing people.
Now I am sure a great many soldiers would never dream of harming their own citizens. However I bet there are some that would follow any order they were given. The germans circa 1940 were not some alternate race of people bred for evil, they were just human beings like you and me, yet some of them ended up gaurding concentration camps that most of the population never knew existed.
I would also bet that with all the psychological tests soldiers are put through any decent comanding officer will have a pretty good idea who would follow his orders even if they knew them to be dubious.
So with all this in mind how much protection does that gun you keep under your pillow protect you? And even more so if the government force you to keep it locked away on the other side of the room lest your kids get at it. They could just grab you off the street and there are very few states nowadays that allow the carrying of a concealed firearm in public.
The biggest thing protecting us from all these things is not guns, but other people and how they would react to seeing people disappear. How they would tell other people and word would spread. Some may even write about this on the internet letting the whole world know what was going on and it would be very difficult to stop them unless you knew who they were ahead of time and could silence them in the first wave.
The first thing you do when seizing control of a country is quietly sieze control of the media without the populace knowing. But if the media are the people the people that becomes alot more difficult, especially if they can blog with relative anonmity using a few tools. I would hope that a great many readers of slashdot could do a pretty good job of posting to the net while hiding their identity, and not just by posting as AC. But if you can make anonymously blogging about the government a crime in itself then you make things a little easier.
Well basically the problem with any ethics or campaign finance reform is that there is no "clean" way to control the influence of the American Enterprise Institute and other various well-financed corporate think tanks without also regulating mymothersbasement.blogspot.com. Otherwise it wouldn't be "fair" and has no hope of passing.
We really went wrong when we (or the SCOTUS, really) decided that corporations had "rights" just as if they were real people. Really big, rich, immortal people. Most of our campaign finance problems could be curbed if we overturned that finding. Make the government accountable to natural persons only. Sure, the rich would still have an advantage over the poor, but at least we'd control the inhuman sociopaths that we call corporations.
Our civil servants are committed to being our uncivil masters.
The one upside to the US is that the process is documented and public *as* *it* *happens*.
I would encourage all/. members who can to vote "NO" to *anything* regarding McCain, and hope that this poor little non-accomplisher can exit to the well-deserved status of non-entity.
So how exactly are you supposed to accurately count the readership of a blog? By the number of web hits? Comments? "Friends"? Death threats? What if the two people who do read your blog print off your rants and distribute them to thousands of people that you have no idea are reading your blog?
Maybe it's just a common sense judgement because the 500 people figure falls in the valley between having a blog that anyone cares about, and having a blog that you really, really, wished anyone would care about.
Just what are the "Federalist Papers" but a pre-electronic version of what we currently call a 'blog? Anonymous free political speech has a long and revered tradition in the US. One which concerns about campaign finance "reform" cannot override.
You must have missed the part in the bill text where it says "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying."
Section 220 of S. 1, the lobbying reform bill currently before the Senate, would require grassroots causes, even bloggers, who communicate to 500 or more members of the public on policy matters, to register and report quarterly to Congress the same as the big K Street lobbyists.
Translation: If you want to be a lobbyist, you must follow the rules for being a lobbyist. If you're lobbying 500 or more people, you fit the description of a lobbyist no matter how you're do it. Internet grassroots lobby movements are not just as susceptible to oversight as the DC Congressional dinner party lobbyists.
The bill just redefines what it means to be a lobbyist, and seeing as this comes from a grassroots lobbyist, I would argue that this exact article is exactly the type of lybbying the Senate wishes to be kept informed of.
This bill is about paid lobbyists. The only bloggers that will need to register are those that are being paid for their posts and have a readership of 500+. The article author didn't read the bill itself or at the very least misread it.
Oh yeah? FTFA:
"The bill would require reporting of 'paid efforts to stimulate
grassroots lobbying,' but defines 'paid' merely as communications to 500 or
more members of the public, with no other qualifiers."
Here is Section 220 of 2007 S.1 [loc.gov]. It says it modifies 2 USC 1602 [cornell.edu]. Section 220 appends certain clauses to 2 USC 1602. You are somewhat correct in that appended to item 7 of that code is the line "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying." It also adds the following item: "GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same." This would SEEM to indicate that if you're not getting paid, you're not who they're talking about. But then you have to examine 18 (C) which is also appended to that section of the US Code, because it defines the meaning of registrant. I quote:
`(C) REGISTRANT- For purposes of this paragraph, a person or entity is a member of a registrant if the person or entity--
`(i) pays dues or makes a contribution of more than a nominal amount to the entity;
`(ii) makes a contribution of more than a nominal amount of time to the entity;
`(iii) is entitled to participate in the governance of the entity;
`(iv) is 1 of a limited number of honorary or life members of the entity; or
`(v) is an employee, officer, director or member of the entity.
Thus if you speak on behalf of, say, a political party of which you are a member, you are a member of a registrant as well (because the party would be required to register.) Also if we look at both 2 USC 1602 and 2007 S.1 Section 220, which deal with definitions, neither one defines "paid"! Kind of a serious oversight there given that now we have to ask the supremes (eventually) whether ad revenues count or not. The closest it gets is the following text:
`(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.
This is where the number 500 comes from. Incidentally, this particular item (B) is a particularly bad loophole in this law! It says that as long as you are not trying to influence more than 499 people at once, it's not a paid attempt to influence the general public. This is not good, not good at all.
Jump back to 2 USC 1602 for a moment with me and look at the government's definition of Lobbyist prior to any adoption of this bill.
The term "lobbyist" means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a six month period.
So currently if you receive any compensation for lobbying more than one person you are a lobbyist, unless your lobbying is less than 20% of the time spent working for the individual who hired you to lobby for them. That means they could pay you minimum wage for 101 hours; for 81 of those hours you sit on your ass and read the funny papers, the other 20 hours you
500 is such a low number that it's clear all the government wants to do is keep tabs on bloggers. Lobbyists are required to file reports of their activities quarterly. Other laws regarding lobbying are mostly to do with spending money on a politician (not really relevant here, since bloggers *aren't actually lobbyists* and so they probably don't do that anyway).
Also, politicians are banned from becoming lobbyists for 2 years. That means that politicians wouldn't be able to keep political blogs (since I assume their readership would be > 500) for two years after leaving office. How is that a good thing?
While lobbying reform from earlier in 2006 was mostly a good thing, it also emphasized that being a lobbyist was worse than not being one from a number of perspectives. What the proposition aims to do is effectively restrict the freedom of political bloggers. Some might indeed be in need of some restricting, especially if their viewpoints clash with mine:cough: but really it's just too sweeping of a suggestion.
intransitive verb : to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation transitive verb 1 : to promote (as a project) or secure the passage of (as legislation) by influencing public officials 2 : to attempt to influence or sway (as a public official) toward a desired action
Shouldn't this then mean that when a blogger has 500 or more public officials as readers?
If a blogger is being paid by a lobby group, it simply makes them a shill, and has no more influence on lawmakers than actual public opinion might. This is, after all, how public opinion is formed, by listening to our peers, the news, and other sources and making up our own minds.
Should political magazines be required to register as lobbyists? Would a preacher/priest/etc. be required to register as a lobbyist if he mentions politics from the pulpit and the church has more than 500 members? This would cause tons of problems for certain demographic groups in the US.
For those who would like the full text of this bill see here [loc.gov]. The article is just a bunch of FUD. The actual text that has the author so concerned, about a readership of greater than 500 counting as paid, is actually being misread. The actual text is "The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public." (from here [loc.gov]). This means that you can be paid for grass roots lobbying and not have to register if you have less than 500 readers, which actually protects your rights.
So, my grassroots lobbying is ok as long as nobody is paying attention? And if I do post something which gathers a political following, suddenly I've got papers to fill out?
Why would anyone bother in the first place? The point of grassroots lobbying is to influence a large number of people. Paid lobbyists, OTOH, are paid instead to influence only a handful of very important people. IOW, this bill would effectively stifle citizens groups fighting for their rights in favor of corporate lobbyists.
So, by all means pass this bill! Then act surprised when DRM becomes a mandatory component of computers. Act outraged when Corporate America(TM) patents everything short of tying your own shoes. Protest the tax breaks given to Big Oil. But don't dare blog about it unless you can be certain that nobody cares about your stupid opinion (they probably don't anyway, but one can hope).
Nothing like stifling democracy by restricting fourth amendment freedoms.
no, your grassroots lobbying is ok as long as eithernoone is paying attention or you aren't getting paid for the blog posts. Thus Joe Shmo blogger who personally supports the EFF is free to post all he wants in support of the EFF as long as they don't pay him, or, if they do pay him, as long as he doesn't have more than 500 readers. This bill is made to ensure transparency in our government, so one can at least follow the money like in all other forms of lobbying.
They will be harrassed only if they are paid not just for lobbying through their blog. This protects everyone's rights by showing who is paying whom. Transparency in government is the best way to protect those governed.
The article is rather misleading. The section in question [cbn.com] applies to astroturf operations, not bloggers:
Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying.
(17) GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.
(18) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING-
(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.
(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.
...so it explicitly does not apply to what we normally think of as bloggers.
You do realize that many blogs have some kind of advertising to help pay for the costs of running the website, right?
You bet. I also realize that many of them like doughnuts, have siblings, and read books. Further, I concede that they often have heartfelt opinions about matters of punctuation and some (but not all) of them did well in algebra.
But most importantly, I can recognize a straw man from a kilometer away. Bloggers taking advertising doesn't mean that their advertisers are paying them to influence public opinion, anymore than the lawyer whose face is plastered all over the city buses around here is paying people to use public transportation.
Just because laws achieve something that you or I might like personally, doesn't mean they're a good idea. The law is a very blunt instrument that doesn't tend to deal well with fuzzy situations, and the question of someone's motivations for political speech aren't necessarily as easy to pin down as this law seems to imply.
I'm not terribly happy about defending the free speech rights of astroturfers, but this may be one of those situations that arise with free speech, where it's meaningless if you don't grant it even to people who are saying things you dislike. "Lying about who you are" is not illegal in most circumstances, with some exceptions e.g. lying to the government, or cases where monetary fraud is involved; but none of those seem to apply here.
My question is, what is it about the activity of these astroturfers that raises a requirement that they should register with the government, when other kinds of people don't have to? The only answer, afaict, is that the laws related to campaign finance and lobbying do in fact put restrictions on free speech. Those laws in themselves are a tangle of fairly arbitrary definitions and limits, so it's difficult to make snap judgements here. But I'm just not comfortable saying that just because someone is being paid, that they can't write whatever they want to without having to register with the goverment.
Besides, who is being protected from what here? If the electorate is so clueless that they'll just follow the advice of some slick-looking blog and go lobby their congressperson for whatever that blog told them to, then I'm afraid the problem is with the electorate, not with the blog or the laws. Do you blame the pusher, or the user? Passing laws to try to prevent the electorate from being manipulated is just treating the symptom. Everyone's always trying to manipulate the electorate, but most of them aren't subject to regulation.
I'd have less of a problem with a law which required disclosure *on the blog* about who is funding the message, if it's a political one - similar to the case with campaign ads. But requiring registration with the government sounds like overreach to me.
I also agree with people who have suggested that classifying many people as lobbyists could be detrimental. For example, is Al Gore a lobbyist? Let's say he's taken money from environmental groups for his movie etc., and he has a blog where occasionally he encourages people to lobby their congresspeople. This law seems to require him to register as a lobbyist, so now he can be smeared and dismissed by his opponents as a registered lobbyist. And that's the problem: afaict, this law won't just apply to the astroturfers you'd like to see brought to heel.
Finally, as I mentioned in another comment, what happens when someone posts on a blog hosted outside the U.S.? Are we going to institute a Great Firewall, just like China? That's the road that restricting free speech leads you down.
Suffice it to say that anyone who wants to post to slashdot would definately have to register. Aaah... sweet civil disobedience of posting as AC. Won't that just ruin the moderator system?
500 hits per day? 500 unique readers in a ten year span? 500 "friends" linked on your myspace page? 500 links from incestuous follow-backs or google bombs?
Free speech is one of the most important rights we have; why is the government so keen on regulating it? You can't regulate a right, it is a right. I can understand regulating the lobbyists for organizations, corporations, and interest groups--groups are not citizens. But individuals who ARE citizens have inalienable rights. A hearty "Fuck Off!" to those who seek to "regulate" individual rights.
Come on Slashdot, I'm getting sick of the way I'm being lead around by my nose. At the very least this is a knee jerk reactionary piece of drek, at best it's a forebearing to a law that isn't even out yet and has been misproven multiple times in this comment section already (read the law is the simple key).
Next time you want to bitch about a law LINK THE LAW not what some idiots have on a website.
Finally would someone explain why idiots who want to do grassroots style work doesn't want to be labeled as a lobbyst. HINT THEY ARNT JAILING THEM! THEY ARE TELLING THEM TO BE LISTED AS A LOBBYST IF THEY ARE PAID FOR THEIR BLOGGING WORK AND HAVE MORE THEN 500 READERS! IF THEY DONT AND KNOW THEY SHOULD BE LISTED THEN THEY ARE JAILED.
Being a lobbyst doesn't mean you're guilty of a crime, except maybe lying to your public. At least it'll prove who is being paid and who is actually doing the work they actually support, which is perhaps the only reason this is being met by so much resistance because they are afraid they'll be found out to not be so alturistic as they claim to be.
After reading the entire legislation [loc.gov], including section 220, several things become apparent to me:
This does not include people talking to each other, blogger, etc. about politics - "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying."
This bill does not affect unpaid citizen journalists. - "The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public"
This bill does not affect blogs that are directed towards members of an organization - except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders.
It seems to me that in the spirit of lobbying transparency, this bill is a step in the right direction. However, due to the vagueness of Section 220, with respect to several terms, and the fact that there does not appear to be an explicit exclusion for paid bloggers who maintain "official" blogs that are open to public viewing for organizations, I would recommend that anyone who is concerned about the freedom to engage in grassroots lobbying, to oppose section 220 until it addresses these concerns.
You can do this by contacting your senators and telling them to support the Bennett amendment to remove section 220 from S. 1..
This is bullshit. The press release is by Richard Viguerie, who is the head of American Target Advertising. This basically affects his business because his business is astroturfing. So he seems to have started his own little astroturfing campaign to stop this bill from being passed:
We just want to see zee papers (Score:5, Insightful)
Huh. I thought it was only the Republicans who were after our 1st Amendment rights. But here are the Democrats [loc.gov] assaulting our freedoms again [slashdot.org] by trying to control who says what [cbn.com].
<sarcasm>Oh, never mind, they just want to make sure we have "our papers in order" before we can criticize them.</sarcasm> And we thought that they would be for our rights. But it looks like they are just interested in using the power to stay in power.
It's time to lose the naivte and realize that politicians (whether Republicans or Democrats) are only interested in one thing--getting re-elected.
Re:We just want to see zee papers (Score:5, Informative)
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Re:We just want to see zee papers (Score:5, Insightful)
So if I use ads and merchandise to support my site and try to make something of a living off of my writing I have to register as a lobbyist? Then why shouldn't news anchors/columnists have to do the same? One of the things that (supposedly) led to the American Revolution was the stamp tax. Any attempt to restrict the free press is bad, no matter the consequences. And nothing is more "free press" than a private citizen deciding to write down their thoughts and distribute them to people, for profit or otherwise.
Parent
Re:We just want to see zee papers (Score:4, Insightful)
Just imagine that first article written in the New York Times that mentions a blogger with a small letter note beside the name saying Registered Lobbyist #958970. Good-bye reputation...
Or the first unregistered blogger who says something the government really doesn't like...fines, jail time, mandatory censorship? After all, they broke laws that lobbyists must conform to. This is a simple and systematic way to quiet down the people that aren't under control.
Parent
Re:We just want to see zee papers (Score:4, Insightful)
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Re:We just want to see zee papers (Score:5, Insightful)
It's the same as re-branding people against the invasion of Iraq as unpatriotic.
Not to pick nits, but if you don't support your nation during time of war, then, yes, you are unpatriotic.
It's the utmost of patriotism to protest the policies of the government.
FalconParent
Re:We just want to see zee papers (Score:5, Informative)
No, if you get paid by a political campaign to influence a large number of people, you have to register as a lobbyist. However, the people writing the article see this as a bad thing. To me, it smells like they don't want *their* employeers revealed.
Grassroots organizations that are paid for by the GOP / Dems just look pathetic. On the other hand, a witty anonymous blogger paid for by the GOP / Dems can present themselves as credible and balanced; in the scheme of campaigns, this is not legal.
And yes, courts have held up campaign laws as reasonable limits on free speech over and over again. Are you really saying "being paid to write and distributing a pamphlet" is so fundamentally different from "being paid to write and distribute a pamp^H^H^H^H BLOG! ON THE INTERNET!" that it should abide by a second set of laws?
To put things in perspective, Slashdoters often complain there's fundamentally no difference in "doing X" and "doing X ON THE INTERNET!" so they shouldn't be patentable. Why did we suddenly decide "being a lobbyist" and "being a lobbyist ON THE INTERNET!" are so fundamentally different?
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Re:We just want to see zee papers (Score:4, Interesting)
To put things in perspective, Slashdoters often complain there's fundamentally no difference in "doing X" and "doing X ON THE INTERNET!" so they shouldn't be patentable. Why did we suddenly decide "being a lobbyist" and "being a lobbyist ON THE INTERNET!" are so fundamentally different?
Political speech is exactly the kind of speech the First Amendment is meant to protect. If a regulation usurps the freedom to publish political speech anonymously or pseudonymously, then that's not reform, it's a cancer.
I guess onion routers aren't just for Chinese dissidents anymore...
(By the way, I don't think bloggers and pundits should really be called "lobbyists." Lobbyists are generally folks who cajole the elected officials themselves into doing things.)
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Re:We just want to see zee papers (Score:5, Informative)
You will have to register as a lobbyist if somebody cuts you a check to post, on your blog, a call to the public to write government officials requesting specific official action.
For example, if ExxonMobil pays me $1000 to write a blog post that urges my (over 500) readers to write their Congressional delegation to vote in favor of a bill that opens up ANWR, I would have to register as a lobbyist.
This bill is intended to call fake grassroots astroturfing what it is--lobbying.
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This Post Smells Like FUD (Score:5, Informative)
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Re:We just want to see zee papers (Score:5, Insightful)
If you are being paid to advertise a position, it was never free(libre) speech in the first place. It's commercial speech and has been regulated for centuries. You can't advertise Twinkies as a cure for cancer if you make money selling Twinkies, and society is far better off for having restricted such fraudulent or deceptive speech.
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Re:We just want to see zee papers (Score:5, Insightful)
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It's time to lose the naivte and realize that politicians (whether Republicans or Democrats) are only interested in one thing--getting re-elected.
Generalizations are rarely a good approach to take. There are a lot of shady, unscrupulous politicians. There are also good ones who try and do the best they can in what are usually difficult jobs.
By dismissing every elected official in the country you basical
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Re:We just want to see zee papers (Score:4, Insightful)
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Actually, strictly speaking, he's right (Score:5, Insightful)
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Re:We just want to see zee papers (Score:4, Interesting)
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Re:We just want to see zee papers (Score:5, Insightful)
The fact remains that no matter how many guns you can get your hands on there is always one group who will have more. They are the various law enforcement organisations of the US (or any other country for that matter). You think owning a firearm of any kind will do you any good if the government decided to get rid of you?
Whether you agree with the pro-gun lobby or not the fact remains that if you were a threat to the government and they found out, the special forces they sent in could brush you aside without the slightest amount of trouble. They are better trained than you could hope to be (while trying to hold down a full time job anyway) and better equiped. They also have infintely more experience at killing people.
Now I am sure a great many soldiers would never dream of harming their own citizens. However I bet there are some that would follow any order they were given. The germans circa 1940 were not some alternate race of people bred for evil, they were just human beings like you and me, yet some of them ended up gaurding concentration camps that most of the population never knew existed.
I would also bet that with all the psychological tests soldiers are put through any decent comanding officer will have a pretty good idea who would follow his orders even if they knew them to be dubious.
So with all this in mind how much protection does that gun you keep under your pillow protect you? And even more so if the government force you to keep it locked away on the other side of the room lest your kids get at it. They could just grab you off the street and there are very few states nowadays that allow the carrying of a concealed firearm in public.
The biggest thing protecting us from all these things is not guns, but other people and how they would react to seeing people disappear. How they would tell other people and word would spread. Some may even write about this on the internet letting the whole world know what was going on and it would be very difficult to stop them unless you knew who they were ahead of time and could silence them in the first wave.
The first thing you do when seizing control of a country is quietly sieze control of the media without the populace knowing. But if the media are the people the people that becomes alot more difficult, especially if they can blog with relative anonmity using a few tools. I would hope that a great many readers of slashdot could do a pretty good job of posting to the net while hiding their identity, and not just by posting as AC. But if you can make anonymously blogging about the government a crime in itself then you make things a little easier.
Remember - Knowledge is power.
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Re:We just want to see zee papers (Score:5, Insightful)
We really went wrong when we (or the SCOTUS, really) decided that corporations had "rights" just as if they were real people. Really big, rich, immortal people. Most of our campaign finance problems could be curbed if we overturned that finding. Make the government accountable to natural persons only. Sure, the rich would still have an advantage over the poor, but at least we'd control the inhuman sociopaths that we call corporations.
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Re:We just want to see zee papers (Score:5, Informative)
See SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO.,118 U.S. 394 (1886).
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well, yeah (Score:4, Funny)
Free speech anyone? (Score:3, Insightful)
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Anyway, this is the attitude that's letting these things pass...
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Web hosts aren't going to do it.
ISP's aren't going to do it.
If the heat gets turn up for the above to police it, this registration will die.
After McCain-Feingold, what could you expect...... (Score:4, Insightful)
The one upside to the US is that the process is documented and public *as* *it* *happens*.
I would encourage all
Readership of 500? (Score:4, Interesting)
Maybe it's just a common sense judgement because the 500 people figure falls in the valley between having a blog that anyone cares about, and having a blog that you really, really, wished anyone would care about.
Unbelieveably unconstitutional! (Score:4, Insightful)
Re:Unbelieveably unconstitutional! (Score:4, Informative)
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Each of my blogs (Score:4, Insightful)
But if one of my blogs did indeed gain an extra reader, how would they ever know?
FUD (Score:3, Insightful)
The bill just redefines what it means to be a lobbyist, and seeing as this comes from a grassroots lobbyist, I would argue that this exact article is exactly the type of lybbying the Senate wishes to be kept informed of.
Re:FUD (Score:5, Insightful)
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Re:FUD (Score:5, Informative)
Oh yeah? FTFA:
"The bill would require reporting of 'paid efforts to stimulate grassroots lobbying,' but defines 'paid' merely as communications to 500 or more members of the public, with no other qualifiers."
Here is Section 220 of 2007 S.1 [loc.gov]. It says it modifies 2 USC 1602 [cornell.edu]. Section 220 appends certain clauses to 2 USC 1602. You are somewhat correct in that appended to item 7 of that code is the line "Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying." It also adds the following item: "GRASSROOTS LOBBYING- The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same." This would SEEM to indicate that if you're not getting paid, you're not who they're talking about. But then you have to examine 18 (C) which is also appended to that section of the US Code, because it defines the meaning of registrant. I quote:
Thus if you speak on behalf of, say, a political party of which you are a member, you are a member of a registrant as well (because the party would be required to register.) Also if we look at both 2 USC 1602 and 2007 S.1 Section 220, which deal with definitions, neither one defines "paid"! Kind of a serious oversight there given that now we have to ask the supremes (eventually) whether ad revenues count or not. The closest it gets is the following text:
`(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public.
This is where the number 500 comes from. Incidentally, this particular item (B) is a particularly bad loophole in this law! It says that as long as you are not trying to influence more than 499 people at once, it's not a paid attempt to influence the general public. This is not good, not good at all.
Jump back to 2 USC 1602 for a moment with me and look at the government's definition of Lobbyist prior to any adoption of this bill.
The term "lobbyist" means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a six month period.
So currently if you receive any compensation for lobbying more than one person you are a lobbyist, unless your lobbying is less than 20% of the time spent working for the individual who hired you to lobby for them. That means they could pay you minimum wage for 101 hours; for 81 of those hours you sit on your ass and read the funny papers, the other 20 hours you
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i'd like to make a comment (Score:4, Funny)
i think that the us government...
wait, what?! why are you still reading!?
OH NOES I'M DOOMED
Dear Senators: (Score:3, Insightful)
Do editorial columnists in Newspapers... (Score:5, Insightful)
Readership over 500?? (Score:3, Interesting)
Terminology is important here (Score:5, Interesting)
intransitive verb : to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation
transitive verb
1 : to promote (as a project) or secure the passage of (as legislation) by influencing public officials
2 : to attempt to influence or sway (as a public official) toward a desired action
Shouldn't this then mean that when a blogger has 500 or more public officials as readers?
If a blogger is being paid by a lobby group, it simply makes them a shill, and has no more influence on lawmakers than actual public opinion might. This is, after all, how public opinion is formed, by listening to our peers, the news, and other sources and making up our own minds.
Should political magazines be required to register as lobbyists? Would a preacher/priest/etc. be required to register as a lobbyist if he mentions politics from the pulpit and the church has more than 500 members? This would cause tons of problems for certain demographic groups in the US.
Read the bill, not the article (Score:5, Informative)
Quick - don't read my blog! (Score:4, Informative)
So, my grassroots lobbying is ok as long as nobody is paying attention? And if I do post something which gathers a political following, suddenly I've got papers to fill out?
Why would anyone bother in the first place? The point of grassroots lobbying is to influence a large number of people. Paid lobbyists, OTOH, are paid instead to influence only a handful of very important people. IOW, this bill would effectively stifle citizens groups fighting for their rights in favor of corporate lobbyists.
So, by all means pass this bill! Then act surprised when DRM becomes a mandatory component of computers. Act outraged when Corporate America(TM) patents everything short of tying your own shoes. Protest the tax breaks given to Big Oil. But don't dare blog about it unless you can be certain that nobody cares about your stupid opinion (they probably don't anyway, but one can hope).
Nothing like stifling democracy by restricting fourth amendment freedoms.
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Re:Quick - don't read my blog! (Score:5, Informative)
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Re:Read the bill, not the article (Score:5, Insightful)
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The article is misleading (Score:5, Informative)
The article is rather misleading. The section in question [cbn.com] applies to astroturf operations, not bloggers:
...so it explicitly does not apply to what we normally think of as bloggers.
--MarkusQ
Re:Google/banner ads (Score:5, Insightful)
You bet. I also realize that many of them like doughnuts, have siblings, and read books. Further, I concede that they often have heartfelt opinions about matters of punctuation and some (but not all) of them did well in algebra.
But most importantly, I can recognize a straw man from a kilometer away. Bloggers taking advertising doesn't mean that their advertisers are paying them to influence public opinion, anymore than the lawyer whose face is plastered all over the city buses around here is paying people to use public transportation.
Nice try though.
--MarkusQ
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Re:The article is misleading (Score:4, Interesting)
I'm not terribly happy about defending the free speech rights of astroturfers, but this may be one of those situations that arise with free speech, where it's meaningless if you don't grant it even to people who are saying things you dislike. "Lying about who you are" is not illegal in most circumstances, with some exceptions e.g. lying to the government, or cases where monetary fraud is involved; but none of those seem to apply here.
My question is, what is it about the activity of these astroturfers that raises a requirement that they should register with the government, when other kinds of people don't have to? The only answer, afaict, is that the laws related to campaign finance and lobbying do in fact put restrictions on free speech. Those laws in themselves are a tangle of fairly arbitrary definitions and limits, so it's difficult to make snap judgements here. But I'm just not comfortable saying that just because someone is being paid, that they can't write whatever they want to without having to register with the goverment.
Besides, who is being protected from what here? If the electorate is so clueless that they'll just follow the advice of some slick-looking blog and go lobby their congressperson for whatever that blog told them to, then I'm afraid the problem is with the electorate, not with the blog or the laws. Do you blame the pusher, or the user? Passing laws to try to prevent the electorate from being manipulated is just treating the symptom. Everyone's always trying to manipulate the electorate, but most of them aren't subject to regulation.
I'd have less of a problem with a law which required disclosure *on the blog* about who is funding the message, if it's a political one - similar to the case with campaign ads. But requiring registration with the government sounds like overreach to me.
I also agree with people who have suggested that classifying many people as lobbyists could be detrimental. For example, is Al Gore a lobbyist? Let's say he's taken money from environmental groups for his movie etc., and he has a blog where occasionally he encourages people to lobby their congresspeople. This law seems to require him to register as a lobbyist, so now he can be smeared and dismissed by his opponents as a registered lobbyist. And that's the problem: afaict, this law won't just apply to the astroturfers you'd like to see brought to heel.
Finally, as I mentioned in another comment, what happens when someone posts on a blog hosted outside the U.S.? Are we going to institute a Great Firewall, just like China? That's the road that restricting free speech leads you down.
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With half a million readership (Score:3, Interesting)
500 what? (Score:4, Insightful)
Free speech is one of the most important rights we have; why is the government so keen on regulating it? You can't regulate a right, it is a right. I can understand regulating the lobbyists for organizations, corporations, and interest groups--groups are not citizens. But individuals who ARE citizens have inalienable rights. A hearty "Fuck Off!" to those who seek to "regulate" individual rights.
Better links please! (Score:5, Informative)
Next time you want to bitch about a law LINK THE LAW not what some idiots have on a website.
Finally would someone explain why idiots who want to do grassroots style work doesn't want to be labeled as a lobbyst. HINT THEY ARNT JAILING THEM! THEY ARE TELLING THEM TO BE LISTED AS A LOBBYST IF THEY ARE PAID FOR THEIR BLOGGING WORK AND HAVE MORE THEN 500 READERS! IF THEY DONT AND KNOW THEY SHOULD BE LISTED THEN THEY ARE JAILED.
Being a lobbyst doesn't mean you're guilty of a crime, except maybe lying to your public. At least it'll prove who is being paid and who is actually doing the work they actually support, which is perhaps the only reason this is being met by so much resistance because they are afraid they'll be found out to not be so alturistic as they claim to be.
Breakdown of Bill and Opinion (Score:4, Informative)
After reading the entire legislation [loc.gov], including section 220, several things become apparent to me:
It seems to me that in the spirit of lobbying transparency, this bill is a step in the right direction. However, due to the vagueness of Section 220, with respect to several terms, and the fact that there does not appear to be an explicit exclusion for paid bloggers who maintain "official" blogs that are open to public viewing for organizations, I would recommend that anyone who is concerned about the freedom to engage in grassroots lobbying, to oppose section 220 until it addresses these concerns.
You can do this by contacting your senators and telling them to support the Bennett amendment to remove section 220 from S. 1..
If I have misread anything, please correct me.
Bullshit (Score:4, Informative)
http://en.wikipedia.org/wiki/Richard_Viguerie [wikipedia.org]
http://www.sourcewatch.org/index.php?title=Americ
Read the bill. Pretty much everything in the press release is a lie. Shame on you, Slashdot.