Feds Hold Hearing On Whether They Should ‘Regulate’ independent news websites.

The Federal Election Commission (FEC) is holding a hearing today to receive public feedback on whether it should create new rules regulating political speech, including political speech on the Internet that one commissioner warned could affect blogs, YouTube videos and even websites like the Drudge Report.

In October, then FEC Vice Chairwoman Ann M. Ravel promised that she would renew a push to regulate online political speechfollowing a deadlocked commission vote that would have subjected political videos and blog posts to the reporting and disclosure requirements placed on political advertisers who broadcast on television. On Wednesday, she will begin to make good on that promise.

“Some of my colleagues seem to believe that the same political message that would require disclosure if run on television should be categorically exempt from the same requirements when placed in the Internet alone,” Ravel said in an October statement. “As a matter of policy, this simply does not make sense.”

“In the past, the Commission has specifically exempted certain types of Internet communications from campaign finance regulations,” she lamented. “In doing so, the Commission turned a blind eye to the Internet’s growing force in the political arena.”

Noting the 32,000 public comments that came into the FEC in advance of the hearing, Democratic Commissioner Ellen L. Weintraub said, “75 percent thought that we need to do more about money in politics, particularly in the area of disclosure. And I think that’s something that we can’t ignore.”

Increased regulation of online speech is not only likely to chill participation in the public debate, but it may also threaten individual speakers’ privacy and right to post anonymously.  In so doing, it may undermine two goals of campaign finance reform: protecting freedom of political speech and expanding political participation.

As we stated in our joint comments to the FEC back in 2005[pdf], “the Internet provides a counter-balance to the undue dominance that ‘big money’ has increasingly wielded over the political process in the past half-century.” We believe that heightened regulation of online political speech will hamper the Internet’s ability to level the playing field.

Ajit Pai’s description of “President Obama’s 332-page plan to regulate the Internet” sounds Orwellian. He tweeted a picture of himself holding the 332-page plan just below a picture of a smiling Barack Obama with a comment, “I wish the public could see what’s inside.” The implication depicted Obama as George Orwell’s “Big Brother.”

Pai also released a statement: “President Obama’s plan marks a monumental shift toward government control of the Internet. It gives the FCC the power to micromanage virtually every aspect of how the Internet works,” he said. “The plan explicitly opens the door to billions of dollars in new taxes on broadband… These new taxes will mean higher prices for consumers and more hidden fees that they have to pay.”

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