PDC waits on blog ruling

The state Public Disclosure Commission has delayed a decision on whether to adopt a clarified rule on Internet lobbying.

Two commissioners said clarification is needed immediately because of the fast-evolving arena of political blogs and grassroots lobbying that uses the Internet.

Two others said there is too little evidence of a problem and that more time is needed to look at the issue.

"They are going to give it some more time," PDC spokeswoman Lori Anderson said after the commission's discussion Thursday morning, which came after meeting with stakeholders in November.

"I think you'll see us putting together some more groups for them to hear from in the meantime."

The conservative-leaning Institute for Justice sent a letter Wednesday to the PDC asking that the commission's five citizen members use caution.

"In general, we believe that the recommendations of PDC staff and the commission's 'light touch' approach are to be commended," says the letter, signed by William Maurer of the IJ's Washington chapter.

But Maurer — and signing groups that included the Evergreen Freedom Foundation, Sound Politics blog, Evergreen Washington Coalition for Open Government and Washington Policy Center — also said the commission should defer to the U.S. and state constitutions that "assume that free speech and association are the norm and regulation is the exception."

The letter went on to say that draft wording is too narrow for how a media exemption is applied to news organizations. Maurer contended that the proposed definition protected material disseminated by "newspaper, book publisher, regularly published periodical, radio station or television station."

But it leaves out news items, features or commentary that could appear "in a regularly scheduled news medium that is of primary interest to the general public" and is not controlled by political parties or political committees.

A broader definition would include bloggers who write commentary for a regular audience without being paid directly to pen a certain message.

Steve Gano, a contract lobbyist with high-profile clients, favored clarifying the rules so the state keeps ahead of the evolving technology curve in lobbying. He told commissioners that grassroots lobbying and Internet lobbying are similar — that there is a distinction between the actions of one person blogging or standing on a street corner to advocate a position, on one hand, and arranging for busloads of people to arrive at the Capitol or to send mass mailings to lawmakers on a specific topic.

"I think folks should have the right to know, that while it appeared to be true citizen activism, someone was paid to have that take place," Gano said.

PDC staff lawyer Nancy Krier said the agency has taken a "follow-the-money" approach that applies a standard lobbying requirement — which allows a person or group to avoid registering or reporting as a lobbyist if an individual spends no more than four days in three consecutive months lobbying and does not spent more than $25.

The limit for grassroots lobbying is that organizations or individuals do not spend more than $500 in a month or $1,000 in three consecutive months.

But, Krier said low-cost Internet organizing changes the way lobbying is done and tracked. "In the new era, there is no money to follow," Krier said.

Commission Chairman Ken Schellberg and commissioner David Seabrook favored adopting the draft interpretation of rules for Internet lobbying, while Jim Clements saw no problem that needs fixing, and Jane Noland wanted to wait until spring to allow more time to explore the issue.