2008 COMMENTARY

December 04, 2008

EFF Comments on PDC's Proposed Internet Lobbying Guidelines
Testimony at PDC meeting on December 4, 2008

My name is Michael Reitz and I am an attorney with the Evergreen Freedom Foundation. Thank you for the opportunity to offer comments. We support the Commission’s mission to follow the money. We have no problem if the Commission simply clarifies that activity that is otherwise reportable as lobbying does not enjoy an Internet loophole.

However, we would urge caution in this area because of free speech considerations. The Washington Constitution says: “Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.”

We are concerned that this interpretation could have the unintended consequence of stifling legitimate citizen speech. While I understand that there are exemptions for private speech, the proposal presents new guidance that could discourage valuable public debate about legislative proposals. Suppose a person living in Spokane blogs about the legislative session, but hears that she might be classified as a lobbyist. Rather than running the risk she might simply shut the blog down. Private individuals should not have to review agency regulations and guidelines to reassure themselves that they can speak out about a public policy issue.

Furthermore, it is possible even under these guidelines that individual speech online could be classified as grassroots lobbying. Imagine a Seattle sports blogger who comments on a proposal for a publicly-financed stadium. Or a food critic who opposes a bill to ban foie gras. Regulation of Internet speech could too easily become a tool for entrapping outspoken individuals.

Finally, with rapid developments on the Internet, I think the Commission is aiming at a moving target. While these guidelines deal with blogs and e-mail, there is no mention of live webcasts, instant messaging, micro-blogging sites like Twitter, phone text messages, and a host of other communication tools used every day. I think the Commission should focus on the issue of lobbyist compensation, rather than focusing on the specific communication tool.

Whatever action the Commission takes, I urge you to consider the paramount right of individuals to express their views on all topics.

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