[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Proposed Rules]
[Pages 75518-75519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26777]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / 
Proposed Rules  

[[Page 75518]]



FEDERAL ELECTION COMMISSION

11 CFR Parts 1, 4, 5, 6, 100, 102, 103, 104, 105, 106, 108, 109, 
110, 111, 112, 114, 116, 200, 201, 300, 9003, 9004, 9007, 9032, 
9033, 9034, 9035, 9036, 9038, and 9039

[NOTICE 2022-20]


Technological Modernization

AGENCY: Federal Election Commission.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Federal Election Commission is seeking additional public 
comment on previously proposed rules that would modernize the agency's 
regulations in light of technological advances in communications, 
recordkeeping, and financial transactions, and that would eliminate and 
update references to outdated technologies and address similar 
technological issues. In particular, the Commission presently seeks 
comments on whether its definition of ``public communication'' should 
also include Internet communications that are ``promoted for a fee'' on 
another person's website, digital device, application, or advertising 
platform. The Commission also seeks to elicit comments concerning 
whether ``Internet public communications,'' a new defined term, should 
include public communications ``promoted for a fee'' on another 
person's website, digital device, application, or advertising platform. 
No final decision has been made by the Commission on the issues 
presented in this rulemaking.

DATES: Comments must be submitted on or before January 9, 2023.

ADDRESSES: All comments must be in writing. Commenters may submit 
comments electronically via the Commission's website at http://sers.fec.gov/fosers/, reference REG 2013-01.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, or Ms. Joanna S. Waldstreicher or Mr. Tony Buckley, 
Attorneys, Office of the General Counsel, at [email protected], or at 
(202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Commission published its original 
proposals in a Notice of Proposed Rulemaking (``NPRM'') on November 2, 
2016.\1\ The Commission had previously issued an Advance Notice of 
Proposed Rulemaking (``ANPRM'') on the subject.\2\ The Commission 
received several public comments in response to both the ANPRM and the 
NPRM, which are available on the Commission's website at https://sers.fec.gov/fosers/search.htm (reference REG 2013-01). On September 8, 
2022, the Commission requested additional comment about any 
technological developments relating to electronic payment processing, 
newer electronic payment technologies, and contributions made via 
prepaid cards that may have occurred following publication of the NPRM 
that would be relevant to the Commission's consideration of its 
proposed rules.\3\ The Commission received several public comments in 
response to its Request for Additional Comment, which are available on 
the Commission's website at https://sers.fec.gov/fosers/search.htm 
(reference REG 2013-01).
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    \1\ Technological Modernization, 81 FR 76416 (Nov. 2, 2016).
    \2\ Technological Modernization, 78 FR 25635 (May 2, 2013).
    \3\ Technological Modernization, 87 FR 54915 (Sept. 8, 2022).
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    The Commission presently seeks public comment with respect to one 
of its proposals to modernize campaign finance regulations in light of 
technological advances. In a separate rulemaking, the Commission 
changed the definition of ``public communication'' at 11 CFR 100.26 and 
adopted a new defined term-- ``Internet public communication''--which 
appears at new 11 CFR 110.11(c)(5)(i). See generally REG 2011-02: Draft 
Final Rule and Explanation and Justification for Internet 
Communications Disclaimers (Agenda Doc. 22-52-B) (``Internet 
Communications Rule''). The revised definition of ``public 
communication'' at Sec.  100.26 includes those communications that are 
``placed for a fee on another person's website, digital device, 
application, or advertising platform.'' Internet Communications Rule at 
16. The new defined term ``Internet public communication'' at new Sec.  
110.11(c)(5)(i) parallels the revised definition of ``public 
communication'' at Sec.  100.26 by defining ``internet public 
communication'' as ``any public communication over the internet that is 
placed for a fee on another person's website, digital device, 
application, or advertising platform.'' Internet Communications Rule at 
26.
    In light of the changes in the Internet Communications Rule, as 
well as developments in advertising practices on the Internet, the 
Commission seeks comments on whether the revised definition of ``public 
communication'' at Sec.  100.26, and the new term ``internet public 
communication'' at Sec.  110.11(c)(5)(i), should also include 
communications that are ``promoted for a fee'' on another person's 
website, digital device, application, or advertising platform, and 
whether such communications that are ``promoted for a fee'' should be 
subject to the Commission's disclaimer requirements.
    The Commission also seeks comments on how general public political 
advertising on the internet would be affected by the inclusion of the 
phrase ``promoted for a fee'' on another person's website, digital 
device, application, or advertising platform in Sec. Sec.  100.26 and 
110.11(c)(5)(i), and whether the wide and rapidly expanding array of 
options available in the internet advertising market bring to bear any 
particular considerations or concerns of which the Commission should be 
mindful or that warrant a particular approach.

[[Page 75519]]

    To this end, the Commission seeks comments about whether, both for 
purposes of the term ``internet public communication'' and the 
Commission's disclaimer requirements, a distinction should be made 
between communications over the internet where (1) a person is paid to 
republish content containing express advocacy or soliciting a 
contribution on a third party's website, digital device, application, 
or advertising platform in order to increase the circulation or 
prominence of that content; (2) a website, digital device, application, 
or advertising platform is paid directly to ``boost'' or expand the 
scope of viewership of content containing express advocacy or 
soliciting a contribution in order to increase the circulation or 
prominence of that content; and (3) a person is paid to create or 
generate content containing express advocacy or soliciting a 
contribution, which then appears on a third party's website, digital 
device, application, or advertising platform.
    Finally, the Commission is soliciting comments concerning whether 
and how this proposed change to the definitions of ``public 
communication'' and ``internet public communication'' would affect 
regulated entities broadly, including in contexts unrelated to the 
required disclaimers for a given communication.

Conclusion

    As explained above, the Commission is soliciting comments 
concerning the proposed addition of certain communications ``promoted 
for a fee'' to its definitions of ``public communication'' and 
``internet public communication.'' The details of this proposal can be 
found on the Commission's website at https://sers.fec.gov/fosers/search.htm (reference REG 2011-02). The Commission's goal in this 
rulemaking is to promulgate final rules that are flexible enough to 
encompass both non-electronic and electronic forms of payments, 
communications, and internet advertising, and that remain relevant as 
new forms of information storage, communication, payment, and 
advertising methods and media emerge and develop in the future. 
Accordingly, the Commission welcomes comments on the issues and 
questions addressed by this rulemaking, and on any related issues.

    On behalf of the Commission.
    Dated: December 1, 2022.
Allen J. Dickerson,
Chairman, Federal Election Commission.
[FR Doc. 2022-26777 Filed 12-8-22; 8:45 am]
BILLING CODE 6715-01-P