Proposed Rule2022-26777
Technological Modernization
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2022
Issuing agencies
Federal Election Commission
Abstract
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in communications, recordkeeping, and financial transactions, and that would eliminate and update references to outdated technologies and address similar technological issues.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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26777]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
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.
-----------------------------------------------------------------------
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 <a href="http://sers.fec.gov/fosers/">http://sers.fec.gov/fosers/</a>, 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 <a href="/cdn-cgi/l/email-protection#255140464d484a41654340460b424a53"><span class="__cf_email__" data-cfemail="88fcedebe0e5e7ecc8eeedeba6efe7fe">[email protected]</span></a>, 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 <a href="https://sers.fec.gov/fosers/search.htm">https://sers.fec.gov/fosers/search.htm</a> (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 <a href="https://sers.fec.gov/fosers/search.htm">https://sers.fec.gov/fosers/search.htm</a>
(reference REG 2013-01).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 <a href="https://sers.fec.gov/fosers/search.htm">https://sers.fec.gov/fosers/search.htm</a> (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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 9, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.