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AGENDA DOCUMENT NO. 0! RECEIVED DERAL FLEC craiassiou OM “STAT 1005 HAR 23 4: 31 FEDERAL ELECTION COMMISSION Washington, DC 20463 MEMORANDUM men AGENDA ITEM 10: ‘The Commis For Meeting of O.3-24 057 THROUGH: Ianes A. Peng) SUBMITTED LATE FROM: Lawrence H. Norton “ General Counsel Rosemary C. Smith, SS Associate General OS Brad C. Deutsch ‘Assistant General Counsel 27 Amy L, Rothstein 4 Attomey Richard T. Ewell Qe be? Attorney Esa L. Sterra Be Attomey SUBJECT: Draft Notice of Proposed Rulemaking on Internet Communications “Attached is a draft Notice of Proposed Rulemaking (“NPRM”) regarding communications over the Internet. The Office of the General Counsel has been asked to transmit this NPRM to the Commission Secretary in anticipation of tomorrow's Open Session, Attachment 10 iL 2 13 14 15 16 W 18 19 20 21 AGENCY: ACTION: SUMMARY: FEDERAL ELECTION COMMISSION 11 CER Parts 100, 110 and 114 [Notice 2005 - X] Internet Communications Federal Election Commission. Notice of Proposed Rulemaking. The Federal Election Commission requests comments on proposed changes to its rule that would include paid advertisements on the Intemet in the definition of “public communication.” These changes to the Commission’s rule would implement the recent decision of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission, which held that the current definition of “public communication” impermissibly excludes all Internet communications. Comment is also sought on the related definition of “generic campaign activity” and on proposed changes to the disclaimer regulations. Additionally, comment is sought on proposed new exceptions to the definitions of “contribution” and “expenditure” for certain Intemet activities and communications that would qualify as individual volunteer activity or that would qualify for the "press exemption.” ‘These proposals are intended to ensure that political committees properly finance and disclose their Internet communications, without impeding individual citizens 10 ML 12 1B 14 15 16 7 18 19 20 21 2 23 DATES: ADDRESSES: from using the Intemet to speak freely regarding candidates and elections. The Commission has made no final decision on the issues raised in this rulemaking. Further information appears in the supplementary information that follows. Comments must be received on or before [INSERT DATE 60 DAYS AFTER THE DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The Commission will hold a hearing on the proposed rules on [INSERT DATE OF HEARING] at 9:30 am, Anyone wishing to testify at the hearing must file written comments by the due date and must include a request to testify in the written comments. All comments must be in writing, nust be addressed to Mr. Brad C. Deutsch, Assistant General Counsel, and must be submitted in either electronic, facsimile, or hard copy form, Commenters are strongly encouraged fo submit comments electronically to ensure timely receipt and consideration. Electronic comments must be sent to either internct@fec.gov or submitted through the Federal Regulations Portal at . Any commenters who submit electronic comments and wish to testify at the bearing on this rulemaking most also send a copy of their comments to interneltestify@fec.gov. Ifthe electronic comments include an attachment, the attachment must be in the Adobe Acrobat (.pdf) ot Microsoft Word (.doc) format, Faxed comments must be sent to