Personal Democracy Plus Our premium content network. LEARN MORE You are not logged in. LOG IN NOW >

California Proposal Would Require More Disclosure for Paid Political Blogging

BY Sarah Lai Stirland | Thursday, September 27 2012

Do Not Feed The Sock Puppets. Photo: Magnus Digity/Flickr

As national attention focuses on the outsized role of Super PACs in influencing the vote this election cycle, another under-the-radar debate over how voters are influenced is underway in the nation's most populous state.

The question: Should political campaigns have to disclose exactly who they're paying for things like blog posts or social media publicity campaigns, how much, and all the places in the social media universe the payee is spreading the message?

To California's Fair Political Practices Commission Chairwoman Ann Ravel, the answer is an emphatic yes.

"I think that our role in the political process is a consumer protection role," she said in an interview. "It is to give the public as much information as possible about public officials, about campaigns, and where the money is coming from so that people can make good, thoughtful decisions about how to vote, and how to make decisions about people in public service.”

California's FPPC is the regulatory arm for in-state political campaigns. While political campaigns file their campaign finance reports to the Secretary of State, the FPPC promulgates rules and dishes out fines to political entities that don't comply with the rules.

Ravel, an appointee of Gov. Jerry Brown, returned to California from a short stint in Washington, D.C. as the Justice Department's deputy assistant attorney general for torts and consumer litigation. She got the idea from her work in DC, when one of her clients, the Federal Trade Commission, started working on rules to enforce disclosure from bloggers who are paid to endorse products.

"The essential purpose of those rules is so that people will not be deceived, and will know when bloggers are being paid to promote a particular product, that those people are disclosing that information so that people can look out for the flacking of that particular product with some information to lead to either believe it, or give it the believability that it's due," she said.

That led Ravel to propose new regulations this spring that would have required bloggers to disclose any payments that they receive on their Web pages, which led to an uproar in the local political blogosphere.

Ravel quietly absorbed those criticisms while not necessarily agreeing with all of them, and refocused her aim: Instead of focusing on bloggers, she revised the proposed regulations to focus on campaign committees reporting responsibilities. Anybody spending more than $1,000 on a political campaign in California would have to report not only how much they're paying a blogger, or Tweeter or Facebooker, but they'd have to identify the individual they're paying, as well as "the name of the Internet publication, blog or website and the URL on which the communications are published."

"Also what we intend to do, once this rule is enacted in whatever form that it’s enacted, is to have the information isolated out so that you can see it easily on the forms, because right now the way it’s done, it’s very difficult to see what the particular expenditures are, and to whom," she said. "And so we intend to have a form that will enable the public to find it much more easily, and we would anticipate having it on our Web site."

"From my perspective, this regulation is a bit of a hammer in search of a nail," said Jon Fleishman, publisher of the Republican-leaning blog Flashreport.org.

He co-authored a lengthy letter to Ravel last week, as well as an editorial with Democratic operative and California Majority Report co-publisher Steven Maviglio, on how the proposed regulation is still "unworkable, unenforceable, and possibly unconstitutional."

The duo note that the online community is doing fine by policing itself, and that there's already plenty of reporting going on as it is. They also claim that the rule would ensnare campaign workers blogging or Tweeting about their days on the campaign trail. And it would be difficult to provide the Internet addresses for every site that displayed an ad sold through Google, they pointed out.

"On the other end of the scale, it would overburden small committees with limited funds that use grassroots political communication thru (sic) friends on Facebook, Twitter followers, and YouTube posts as well," they argued.

Adam Bonin, DailyKos' general counsel and chairman of the board of Netroots Nation, said he was "shocked" to hear that California was once again considering an issue that the Federal Election Commission had addressed and dismissed in 2005 and 2006. He also wondered how a site such as the DailyKos, which is headquartered in Berkeley, can police its 300,000 users.

"I'm honestly shocked that this is coming up again," he said.

"What you're going to wind up having is, if you put the Fair Practices Commission in the role of policing the blogosphere, and social media, of policing Twitter, then they're going to find a lot of partisan complaints trying to harass people from the other side," he said. "Especially if there's no penalty for filing a frivolous complaint -- why wouldn't you say: 'Oh my God, I can't believe what this person is saying."

Indeed, a kind of a preview of that kind of accusatory mudslinging is already on view online regarding Maviglio himself, who appears to be embroiled in a fight against a group called Consumer Watchdog. A search on his name in Google yields an Adwords attack ad on him from Consumer Watchdog with the headline "PR Hack Maviglio Exposed." Underneath that is an attack ad leading to another site "Consumer Watchdog Watch" attacking the group as a shadowy front group.

But not everyone agrees that Ravel is some overzealous regulator. Two former newspaper political editors who run the California politics site Calbuzz, wrote a thoughtful post last week saying that they approve of Ravel's goal, but that the proposal still needs work.

Ravel's proposal "falls in line with everything Sunlight advocates, which is knowing, who has the resources to pull the levers -- this is just another way of doing it," said Lisa Rosenberg, the transparency group The Sunlight Foundation's government affairs consultant. "In the past, we've been looking at direct contributions, and television ads, but certainly there's a lot of money going into the online campaign world, and there's no reason that that's any less important or less influential in a political race, so it makes perfect sense to us."

Ravel is taking all the criticisms in, but she's determined to craft a rule that works as part of a broader tech-fueled push to make California politics more transparent (she wants to start a non-profit group in the next two years associated with the FPPC to provide the public with easier access to political information.) To that end, she's going to wait until after the election and convene a meeting near the San Francisco airport, so that as many members of the public can come as possible to discuss the matter.

"I really don’t want to impair open discussion on the Internet," she said. "I think the Internet is a great source for important information in politics, and just for the random individual person to be able to express their views. I didn’t want to have any unintended consequences."

News Briefs

RSS Feed today >

Crowdsourcing Waste Management Solutions in Montenegro

For once we aren't talking about the worldwide scarcity of toilets, just good old-fashioned household waste. Montenegro has a garbage problem so bad even the tourists are complaining about it. A new mobile app sponsored by the Agency for Environmental Protection, NGO Ozon and United Nations Development Programme in Montenegro will hopefully get citizens involved in reporting illegal garbage dumps. GO

monday >

Her Majesty's Government Wants to Monetize Open Data

A new paper from the chair of the U.K. government's Open Strategy Board outlines the best practices for the government's open data policies. The government-commissioned Shakespeare Review – after author Stephan Shakespeare – looks into ways to monetize open data, and recommends an all-encompassing National Data Strategy.

GO

Will Silicon Valley "Disrupt" Politics With a Candidate for Congress?

Sean Parker, of Napster fame and now executive general partner at venture capital firm Founders Fund, has invested in political startups before. But last week, he went a step further — co-hosting a fundraising event for a candidate for Congress. Parker and SV Angel co-founder Ron Conway organized a crowd of Internet industry luminaries to support Ro Khanna, a former assistant deputy secretary in Barack Obama's Commerce Department. Khanna is preparing a challenge to Rep. Mike Honda (D-Calif.), whose newly redrawn congressional district encompasses Silicon Valley. GO

Burma's Upcoming Telecom Revolution Will Probably Not Bring Internet Freedom

Burma (Myanmar) is on the threshold of an Internet revolution, but Human Rights Watch has warned companies to proceed with caution or risk trampling Burmese citizens' rights. GO

friday >

Chilean Anti-Corruption Resource: A Crowdsourced Database of Social and Political Connections

In countries where a small minority of social circles have a majority of the political and economic power, personal relationships can affect major decision-making, a serious concern of anti-corruption activists. A new web platform stores personal profiles of key players in Chilean business and politics, complete with biographies and personal and professional connections through family, education, social circles, employers and coworkers, to make tracking social relationships and conflict-of-interest easier. Called Poderopedia (from the Spanish word for power), the project sounds kind of like LinkedIn, but the creation and management of profiles is being crowdsourced out to journalists, activists and concerned citizens.

GO

Middle Eastern Telecom Accused of Working With Saudi Arabia to Spy on Citizens

Mobily, an arm of the state-owned Middle Eastern telecom giant Etihad Etisalat, has been accused of working with Saudi Arabia to develop software that would allow the government to bypass protections for social media users. The exposé comes from Moxie Marlinspike (neé Matthew Rosenfield), an expert in a certain type of malicious Internet attack called MITM (man-in-the-middle), whereby attackers intercept and secretly alter private messages exchanged via email and other social media platforms. GO

Saudi Religious Leader Warns Twitter Users of Consequences in the Afterlife

In late March, Saudi Arabia's top religious cleric said Twitter was for clowns and corrupters. Earlier this week, he said anyone using social media, in particular Twitter, “has lost this world and the afterlife.” His comments might be laughable, if they did not come at a time when the Saudi government is looking into monitoring or blocking social media sites and eliminating user anonymity.

GO

thursday >

What The Other Silicon Valley Immigration Group Is Doing This Month

A bipartisan coalition of political advocacy, business and tech groups are moving ahead to launch a social media blitz next week designed to persuade members of the Senate to vote in favor of immigration reform legislation supported in Silicon Valley. "We're going to create a virtual digital storm," said Jeremy Robbins in a Wednesday ... GO

The New Yorker Hopes "Strongbox" Is a Wiretap-Proof Sieve for Leaks

The New Yorker yesterday became the first outlet to implement DeadDrop, a new system for sources to submit information to journalists online in a more secure and anonymous way than, for example, email. GO

Female Organizer of Pakistan's First Hackathon Stresses Collaboration Over Competition

After Pakistan banned Valentine's Day this year, Sabeen Mahmud started an online protest in which people uploaded photos to mock the government ban. In the weeks following she received death threats and menacing phone calls, and early on she had to stay home from work. That did nothing, however, to keep her from further organizing. Last month, the café she started in Karachi hosted Pakistan's first ever hackathon, which tackled problems including sanitation, crime, disaster management, and education. She even invited a government representative to observe the initial conversations, tackling sensitive areas like government inefficiency and elections.

GO

wednesday >

White House Innovation Fellows Project Spins Off Into A Business

Clay Johnson and Adam Becker joined the Presidential Innovation Fellows program to help the White House fix the way government does business. Now they're turning that mission into a business themselves. GO

Fighting Fires With Data, New York City Launches New Safety Inspection System

Mayor Michael Bloomberg announced today that New York City has implemented city-wide a new risk based inspection system focused on fire safety that is driven by analytics from multiple city agencies. GO

Chinese Netizens Use Digital Initiative to Gain Media Attention for Unsolved Poisoning Case

Last month a medical science student at a Shanghai university died from poisoning, allegedly murdered by his roommate. The specifics of the crime echoed a case from the mid-1990s, in which a 19-year-old student was poisoned with thallium. That case has once again been thrown into the media spotlight, but after 18 years the media has changed and the spotlight means a trending hashtag on Sina Weibo or an online petition to the U.S. President.

GO

PDF France 2013: “Au Code, Citoyens!”

This year PDF France will take place in Paris on June 13, with the theme "Au Code, Citoyens!" ("To Code, Citizens!") The speakers' lineup includes some of the continent's leaders in the digital revolution. GO

tuesday >

Website Imitation is Flattery in New York City Council Race

A New York City Council candidate who had made his name as a technology consultant and spearheaded an open government initiative several years ago found parts of his website copied by another City Council candidate in a different borough, as Politicker first reported. GO

Mike Honda Locks Up Establishment Support, But Challenger Has Ear of the Silicon Valley Elite

Some of Silicon Valley's most influential business people will hold a fundraiser in San Francisco this Thursday for Ro Khanna, the 36-year-old lawyer who's challenging 71-year-old California Democrat Mike Honda for his 17th Congressional District seat. The names at the top of the invite: Ron Conway and Sean Parker. They're apparently forming a committee to help Khanna build his campaign. The other bold-face names who are listed as part of the 'committee in formation' include Salesforce.com's Founder and CEO Marc Benioff, Benchmark Capital General Partners' Matt Cohler and Peter Fenton, tech entrepreneur Shawn Fanning, Yahoo CEO Marissa Mayer, her big data venture investor husband Zach Bogue, and Conway's SV Angel colleague, Founder and Managing Partner David Lee. GO

More