Thursday, November 10, 2005

HR 4194: Another Online Speech Issue

From the WMD Mailbag:
Right now - there are TWO bills in Congress that will affect bloggers - one good, one bad. The bill that deserves our support is HR 1606 - The Online Freedom of Speech Act.

The other bill - HR 4194 - is a substitute offered by those most interested in regulating the Internet. Its supporters are engaged in an aggressive campaign to pass this legislation in Congress, in an effort to muddy the waters and distract Congress from passing real protections for bloggers. They're so terrified of your freedom to speak your mind that they've actually compared giving freedom to bloggers to the scandal involving Scooter Libby in the White House. (No, we're not making that up.)

In order to pass the bill we want - we need - to stop the sham alternative bill, HR 4194.

Their measure, HR 4194 purports to protect "bloggers" from campaign finance regulation. But, in fact, it is so riddled with exceptions and exclusions that it is worse that nothing.
Check out the bill here.
Problems with 4194:

* It offers no guidance as to the treatment of group political activity, potentially treating all group websites that discuss federal candidates as political committees

* It would stifle technological innovation. HR 4914 specifically mentions "blogging," but ignores such as already-widely used technologies like podcasting, wikis and peer-to-peer networks, let alone the technologies of tomorrow.

* Its alleged protection to incorporated bloggers offers no real protection. In comments filed before the FEC, supporters of HR 4194 have stated explicitly that those websites which endorse, expressly advocate, and urge readers to donate funds to the election of preferred candidates do not qualify for protection under the law. This would force bloggers that speak forcefully about politics to seek legal counsel - a complete disaster.
That last point is the one that makes the difference for me.

I checked out the language of this bill and it really isn't any better or worse than HR 1606.

Chris Shays (R-CT) is the sponsor of the bill and I don't see a heavy hitter among the 10 co-sponsors.

Ordinarily, I wouldn't think twice about supporting this legislation, but the Online Coalition (of both left and right bloggers) has been working this issue in Washington and I trust their judgement.