To: Commissioners

From: Jonathan Wayne, Executive Director

Date: October 18, 2010
Re: Update on Investigation of the Cutler Files Website

At the October 20, 2010 meeting, the Commission staff wishes to update you on
the investigation of the Cutler Files website and to respond to the legal arguments
presented to you by the attorney for the Cutler files. To date, the staff investigation has
consisted of one interview of someone whom we believe has knowledge of the
development of the Cutler Files website and two individuals who have no connection to
the site. The attorney for the Cutler Files has submitted the attached affidavit in response
to a questionnaire we sent to him. Some of the information in the affidavit is
corroborated by the interview responses.
I have attached a September 26 letter from Dan Billings presented to you at the
September 30, 2010 meeting. Since then, we have received written materials from
Norman Hanson & DeTroy, LLC on behalf of the Cutler campaign; the Maine Civil
Liberties Union; and the Electronic Frontier Foundation. Tomorrow, we expect to
receive a submission from Richard Spencer on behalf of the Cutler campaign, which we
will forward to you by e-mail.