110 HR 5699 IH: To amend the Federal Election Campaign Act of 1971 to U.S. House of Representatives 2008-04-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5699 IN THE HOUSE OF REPRESENTATIVES April 3, 2008 Mr. Hensarling (for himself, Mr. Akin, Mr. Barrett of South Carolina, Mr. Bartlett of Maryland, Mr. Bishop of Utah, Mrs. Blackburn, Mr. Brady of Texas, Mr. Broun of Georgia, Mr. Campbell of California, Mr. Cannon, Mr. Cantor, Mr. David Davis of Tennessee, Ms. Fallin, Mr. Feeney, Mr. Flake, Mr. Fortuño, Ms. Foxx, Mr. Franks of Arizona, Mr. Gingrey, Mr. Hoekstra, Mr. Kline of Minnesota, Mr. Lamborn, Mr. Marchant, Mr. McCarthy of California, Mrs. Musgrave, Mr. Neugebauer, Mr. Paul, Mr. Pence, Mr. Ryan of Wisconsin, Mr. Sessions, Mr. Shadegg, Mr. Tancredo, Mr. Walberg, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to protect uncompensated Internet activity by individuals from treatment as a contribution or expenditure under the Act, and for other purposes.

1.

Short Title

This Act may be cited as the Blogger Protection Act of 2008.

2.

Exemption of Uncompensated Individual Internet Activity From Treatment as Contribution or Expenditure

(a)

Exemptions

(1)

Exemption from treatment as contribution

Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended— (A)by striking and at the end of clause (xiii); (B)by striking the period at the end of clause (xiv) and inserting ; and; and (C)by adding at the end the following new clause: (xv)any uncompensated personal services related to Internet activities, or use of equipment or services for uncompensated Internet activities, that are engaged in by any individual, group of individuals, or corporation wholly owned by one or more individuals that engages primarily in Internet activities and does not derive a substantial portion of its revenue from sources other than income from its Internet activities, other than— (I)any payment for a public communication (other than a nominal fee), (II)any payment for the purchase or rental of an email address list made at the direction of a political committee, or (III)any payment for an email address list that is transferred to a political committee. . (2)

Exemption from treatment as expenditure

Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is amended— (A)by striking and at the end of clause (ix); (B)by striking the period at the end of clause (x) and inserting ; and; and (C)by adding at the end the following new clause: (xi)any uncompensated personal services related to Internet activities, or use of equipment or services for uncompensated Internet activities, that are engaged in by any individual, group of individuals, or corporation wholly owned by one or more individuals that engages primarily in Internet activities and does not derive a substantial portion of its revenue from sources other than income from its Internet activities, other than— (I)any payment for a public communication (other than a nominal fee), (II)any payment for the purchase or rental of an email address list made at the direction of a political committee, or (III)any payment for an email address list that is transferred to a political committee. . (b)

Internet Activity Defined

Section 301 of such Act (2 U.S.C. 431) is amended by adding at the end the following new paragraph: (27)

Internet activity

The term Internet activity includes sending or forwarding electronic messages, providing a hyperlink or other direct access to another person’s Web site, blogging, creating, maintaining, or hosting a Web site, paying a nominal fee for the use of another person’s Web site, and any other form of communication distributed over the Internet. .

3.

Coverage of Blogs and Other Internet and Electronic Publications Under General Media Exemption

Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by inserting including any Internet or electronic publication (including a blog), after periodical publication,.