81_FR_71848 81 FR 71647 - Internet Communication Disclaimers; Reopening of Comment Period and Notice of Hearing

81 FR 71647 - Internet Communication Disclaimers; Reopening of Comment Period and Notice of Hearing

FEDERAL ELECTION COMMISSION

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71647-71648
FR Document2016-25103

On October 13, 2011, the Federal Election Commission published an Advance Notice of Proposed Rulemaking (``ANPRM'') seeking comment on whether to begin a rulemaking to revise its regulations concerning disclaimers on certain internet communications and, if so, on what changes should be made to those rules. The Commission has decided to reopen the comment period to receive additional comments in light of legal and technological developments since that notice was published. The Commission is also announcing a public hearing.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016) 
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Proposed Rules]
[Pages 71647-71648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25103]



[[Page 71647]]

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FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2016-13]


Internet Communication Disclaimers; Reopening of Comment Period 
and Notice of Hearing

AGENCY: Federal Election Commission.

ACTION: Reopening of comment period and notice of hearing.

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SUMMARY: On October 13, 2011, the Federal Election Commission published 
an Advance Notice of Proposed Rulemaking (``ANPRM'') seeking comment on 
whether to begin a rulemaking to revise its regulations concerning 
disclaimers on certain internet communications and, if so, on what 
changes should be made to those rules. The Commission has decided to 
reopen the comment period to receive additional comments in light of 
legal and technological developments since that notice was published. 
The Commission is also announcing a public hearing.

DATES: The comment period for the ANPRM published October 13, 2011 (76 
FR 63567) is reopened. Comments must be received on or before December 
19, 2016. The Commission will hold a hearing on these issues on 
February 1, 2017. Anyone wishing to testify at the hearing must file 
timely written comments and must include in the written comments a 
request to testify.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
http://www.fec.gov/fosers, reference REG 2011-02, or by email to 
[email protected]. Alternatively, commenters may submit 
comments in paper form, addressed to the Federal Election Commission, 
Attn.: Neven F. Stipanovic, Acting Assistant General Counsel, 999 E 
Street NW., Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, state, and zip code. 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 Web site 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, 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: Mr. Neven F. Stipanovic, Acting 
Assistant General Counsel, or Ms. Jessica Selinkoff, Attorney, 999 E 
Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On October 13, 2011, the Commission 
published in the Federal Register an ANPRM seeking comment on whether 
and how to revise the rules at 11 CFR 110.11 regarding disclaimers on 
internet communications.\1\ Specifically, the Commission was 
considering whether to modify the disclaimer requirements for certain 
internet communications, or to provide exceptions thereto, consistent 
with the Federal Election Campaign Act, 52 U.S.C. 30101-46 (``the 
Act''). The Commission received seven substantive comments in response 
to the ANPRM. All but one of the commenters agreed that the Commission 
should update the disclaimer rules through a rulemaking, though 
commenters differed on how the Commission should do so. In light of 
subsequent legal and technological developments, the Commission is 
reopening the comment period and will hold a hearing.
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    \1\ See Internet Communication Disclaimers, 76 FR 63567 (Oct. 
13, 2011).
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    As discussed in the ANPRM, a ``disclaimer'' is a statement that 
must appear on certain communications to identify who paid for it and, 
where applicable, whether the communication was authorized by a 
candidate. 52 U.S.C. 30120(a); 11 CFR 110.11. With some exceptions, the 
Act and Commission regulations require disclaimers for public 
communications: (1) Made by a political committee; (2) that expressly 
advocate the election or defeat of a clearly identified federal 
candidate; or (3) that solicit a contribution. 52 U.S.C. 30120(a); 11 
CFR 110.11(a). While the term ``public communication'' generally does 
not include internet communications, it does include ``communications 
placed for a fee on another person's Web site.'' 11 CFR 100.26.\2\ In 
addition to these internet public communications, ``electronic mail of 
more than 500 substantially similar communications when sent by a 
political committee . . . and all Internet Web sites of political 
committees available to the general public'' also must have 
disclaimers. 11 CFR 110.11(a).
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    \2\ The Commission is currently proposing amendments intended to 
modernize a number of regulations, including 11 CFR 100.26. To 
review those proposals and other Commission rulemaking documents, 
visit http://www.fec.gov/fosers, reference REG 2013-01.
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    Commission regulations set forth certain exceptions to the general 
disclaimer requirements. For example, disclaimers are not required for 
communications placed on ``[b]umper stickers, pins, buttons, pens, and 
similar small items upon which the disclaimer cannot be conveniently 
printed.'' 11 CFR 110.11(f)(1)(i) (the ``small items exception''). Nor 
are disclaimers required for ``[s]kywriting, water towers, wearing 
apparel, or other means of displaying an advertisement of such a nature 
that the inclusion of a disclaimer would be impracticable.'' 11 CFR 
110.11(f)(1)(ii) (the ``impracticable exception'').
    As discussed in the ANPRM, some internet advertisements are so 
character-limited that providing all the disclaimer information 
required by the Act may take up much of the available ad characters. 
See Advisory Opinion 2010-19 (Google) (describing 95-character search 
result advertisements); cf. Advisory Opinion Request 2011-09 (Facebook) 
(describing several categories of advertisements ranging from zero to 
160 characters).\3\ However, the ANPRM noted that technological options 
may allow for the display of disclaimers when a user ``hovers'' or 
``rolls'' over the advertisement, or on the landing page to which the 
user is taken after clicking the advertisement.\4\
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    \3\ Documents related to Commission advisory opinions are 
available at www.fec.gov/searchao.
    \4\ See, e.g., Contents of Disclosure Statements. Advertisement 
Disclosure, Cal. Code Regs. tit. 2, sec. 18450.4(b)(3)(G)(1) 
(California small internet ad disclosure rule discussed in ANPRM).
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    Since the publication of the ANPRM, the Commission has considered 
these issues in new factual contexts. See, e.g., Advisory Opinion 
Request 2013-18 (Revolution Messaging) (asking whether ``banner ads'' 
viewed on mobile phones, either in Web site or app, required 
disclaimers); MUR 6911 (Frankel) (considering whether candidates' and 
political parties' Twitter profiles and individual tweets required 
disclaimers). The Commission seeks comments on how the issues and 
possible approaches discussed in the ANPRM might or might not apply to 
these new technological presentations. The Commission also notes that, 
since the ANPRM was published, at least one additional state has joined 
California in adopting regulations to address small internet 
advertisements.\5\ The Commission seeks comments addressing persons' 
experiences in complying with (and

[[Page 71648]]

receiving disclosure from) these state rules as well as other 
disclosure regimes. The Commission is also interested in comments that 
address:
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    \5\ See Electronic Media, Requirements, Md. Code Regs. 
33.13.07.02(D)(2)(b).
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     How campaigns, parties, and other political committees, 
voters, and others disseminate and receive electoral information via 
the internet and other technologies, including any data or experiences 
in purchasing, selling, or distributing small or character-limited 
advertisements on Web sites, apps, and mobile devices;
     any challenges in complying with the existing disclaimer 
rules as applied to internet communications;
     the technological or other characteristics that might 
define a ``small'' internet advertisement;
     how a disclaimer requirement or exception for ``small'' 
internet advertisements might be implemented;
     the informational benefits of disclaimers on internet 
communications to assist voters in identifying the source of 
advertising so they are better ``able to evaluate the arguments to 
which they are being subjected''; \6\
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    \6\ Citizens United v. FEC, 558 U.S. 310, 368 (2010) (quoting 
First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765, 792 n.32 
(1978)).
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     the informational benefits of disclaimers on internet 
communications, including Web sites and social media pages, to avoid 
voter confusion and reduce the incidence of solicitations that appear 
to be for candidates but are actually for non-candidate committees; and
     the extent to which the Commission's consideration of 
disclaimer requirements should take into account current or anticipated 
models of internet advertising.
    The Commission also invites additional comments on any issues 
discussed in the ANPRM and is particularly interested in comments 
addressing advertisements on internet-enabled applications and devices 
(such as apps, eReaders, and wearable technology). Given the speed at 
which technological advances are developing, the Commission welcomes 
comments that address possible regulatory approaches that might 
minimize the need for serial revisions to the Commission's rules in 
order to adapt to new or emerging technologies.

    On behalf of the Commission.

    Dated: October 7, 2016.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016-25103 Filed 10-17-16; 8:45 am]
BILLING CODE 6715-01-P

Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules 71647 FEDERAL ELECTION COMMISSION number, driver’s license number, or any committees available to the general information that is restricted from public’’ also must have disclaimers. 11 11 CFR Part 110 disclosure, such as trade secrets or CFR 110.11(a). commercial or financial information Commission regulations set forth [Notice 2016–13] that is privileged or confidential. certain exceptions to the general Internet Communication Disclaimers; FOR FURTHER INFORMATION CONTACT: Mr. disclaimer requirements. For example, Reopening of Comment Period and Neven F. Stipanovic, Acting Assistant disclaimers are not required for Notice of Hearing General Counsel, or Ms. Jessica communications placed on ‘‘[b]umper Selinkoff, Attorney, 999 E Street NW., stickers, pins, buttons, pens, and similar AGENCY: Federal Election Commission. Washington, DC 20463, (202) 694–1650 small items upon which the disclaimer ACTION: Reopening of comment period or (800) 424–9530. cannot be conveniently printed.’’ 11 and notice of hearing. SUPPLEMENTARY INFORMATION: On CFR 110.11(f)(1)(i) (the ‘‘small items October 13, 2011, the Commission exception’’). Nor are disclaimers SUMMARY: On October 13, 2011, the published in the Federal Register an required for ‘‘[s]kywriting, water towers, Federal Election Commission published ANPRM seeking comment on whether wearing apparel, or other means of an Advance Notice of Proposed and how to revise the rules at 11 CFR displaying an advertisement of such a Rulemaking (‘‘ANPRM’’) seeking 110.11 regarding disclaimers on internet nature that the inclusion of a disclaimer comment on whether to begin a communications.1 Specifically, the would be impracticable.’’ 11 CFR rulemaking to revise its regulations Commission was considering whether to 110.11(f)(1)(ii) (the ‘‘impracticable concerning disclaimers on certain modify the disclaimer requirements for exception’’). internet communications and, if so, on certain internet communications, or to As discussed in the ANPRM, some what changes should be made to those provide exceptions thereto, consistent internet advertisements are so character- rules. The Commission has decided to with the Federal Election Campaign Act, limited that providing all the disclaimer reopen the comment period to receive 52 U.S.C. 30101–46 (‘‘the Act’’). The information required by the Act may additional comments in light of legal Commission received seven substantive take up much of the available ad and technological developments since comments in response to the ANPRM. characters. See Advisory Opinion 2010– that notice was published. The All but one of the commenters agreed 19 (Google) (describing 95-character Commission is also announcing a public that the Commission should update the search result advertisements); cf. hearing. disclaimer rules through a rulemaking, Advisory Opinion Request 2011–09 DATES: The comment period for the though commenters differed on how the (Facebook) (describing several ANPRM published October 13, 2011 (76 Commission should do so. In light of categories of advertisements ranging subsequent legal and technological from zero to 160 characters).3 However, FR 63567) is reopened. Comments must developments, the Commission is the ANPRM noted that technological be received on or before December 19, reopening the comment period and will options may allow for the display of 2016. The Commission will hold a hold a hearing. disclaimers when a user ‘‘hovers’’ or hearing on these issues on February 1, As discussed in the ANPRM, a ‘‘rolls’’ over the advertisement, or on the 2017. Anyone wishing to testify at the ‘‘disclaimer’’ is a statement that must landing page to which the user is taken hearing must file timely written appear on certain communications to after clicking the advertisement.4 comments and must include in the identify who paid for it and, where Since the publication of the ANPRM, written comments a request to testify. applicable, whether the communication the Commission has considered these ADDRESSES: All comments must be in issues in new factual contexts. See, e.g., writing. Commenters are encouraged to was authorized by a candidate. 52 U.S.C. 30120(a); 11 CFR 110.11. With Advisory Opinion Request 2013–18 submit comments electronically via the (Revolution Messaging) (asking whether Commission’s Web site at http:// some exceptions, the Act and Commission regulations require ‘‘banner ads’’ viewed on mobile phones, www.fec.gov/fosers, reference REG either in Web site or app, required 2011–02, or by email to disclaimers for public communications: (1) Made by a political committee; (2) disclaimers); MUR 6911 (Frankel) InternetDisclaimers@fec.gov. (considering whether candidates’ and that expressly advocate the election or Alternatively, commenters may submit political parties’ Twitter profiles and defeat of a clearly identified federal comments in paper form, addressed to individual tweets required disclaimers). candidate; or (3) that solicit a the Federal Election Commission, Attn.: The Commission seeks comments on contribution. 52 U.S.C. 30120(a); 11 CFR Neven F. Stipanovic, Acting Assistant how the issues and possible approaches 110.11(a). While the term ‘‘public General Counsel, 999 E Street NW., discussed in the ANPRM might or might communication’’ generally does not Washington, DC 20463. not apply to these new technological include internet communications, it Each commenter must provide, at a presentations. The Commission also does include ‘‘communications placed minimum, his or her first name, last notes that, since the ANPRM was for a fee on another person’s Web site.’’ name, city, state, and zip code. All 11 CFR 100.26.2 In addition to these published, at least one additional state properly submitted comments, internet public communications, has joined California in adopting including attachments, will become part ‘‘electronic mail of more than 500 regulations to address small internet of the public record, and the substantially similar communications advertisements.5 The Commission seeks Commission will make comments when sent by a political committee . . . comments addressing persons’ available for public viewing on the and all Internet Web sites of political experiences in complying with (and Commission’s Web site and in the Lhorne on DSK30JT082PROD with PROPOSALS Commission’s Public Records Office. 1 See Internet Communication Disclaimers, 76 FR 3 Documents related to Commission advisory Accordingly, commenters should not 63567 (Oct. 13, 2011). opinions are available at www.fec.gov/searchao. provide in their comments any 2 The Commission is currently proposing 4 See, e.g., Contents of Disclosure Statements. information that they do not wish to amendments intended to modernize a number of Advertisement Disclosure, Cal. Code Regs. tit. 2, regulations, including 11 CFR 100.26. To review sec. 18450.4(b)(3)(G)(1) (California small internet ad make public, such as a home street those proposals and other Commission rulemaking disclosure rule discussed in ANPRM). address, personal email address, date of documents, visit http://www.fec.gov/fosers, 5 See Electronic Media, Requirements, Md. Code birth, phone number, social security reference REG 2013–01. Regs. 33.13.07.02(D)(2)(b). VerDate Sep<11>2014 12:33 Oct 17, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18OCP1.SGM 18OCP1

71648 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules receiving disclosure from) these state DEPARTMENT OF HEALTH AND manner detailed (see ‘‘Written/Paper rules as well as other disclosure HUMAN SERVICES Submissions’’ and ‘‘Instructions’’). regimes. The Commission is also Food and Drug Administration Written/Paper Submissions interested in comments that address: • How campaigns, parties, and other Submit written/paper submissions as political committees, voters, and others 21 CFR Part 216 follows: disseminate and receive electoral • Mail/Hand delivery/Courier (for [Docket No. FDA–2016–N–2462] information via the internet and other written/paper submissions): Division of technologies, including any data or Amendments to the Regulation Dockets Management (HFA–305), Food experiences in purchasing, selling, or Regarding the List of Drug Products and Drug Administration, 5630 Fishers distributing small or character-limited That Have Been Withdrawn or Lane, Rm. 1061, Rockville, MD 20852. advertisements on Web sites, apps, and Removed From the Market for Reasons • For written/paper comments mobile devices; of Safety or Effectiveness submitted to the Division of Dockets • any challenges in complying with Management, FDA will post your AGENCY: Food and Drug Administration, comment, as well as any attachments, the existing disclaimer rules as applied HHS. except for information submitted, to internet communications; ACTION: Proposed rule. marked and identified, as confidential, • the technological or other if submitted as detailed in characteristics that might define a SUMMARY: The Food and Drug ‘‘Instructions.’’ ‘‘small’’ internet advertisement; Administration (FDA or the Agency) is Instructions: All submissions received • how a disclaimer requirement or proposing to amend its regulations to must include the Docket No. FDA– exception for ‘‘small’’ internet revise the list of drug products that have 2016–N–2462 for ‘‘Amendments to the advertisements might be implemented; been withdrawn or removed from the Regulation Regarding the List of Drug • the informational benefits of market because the drug products or Products That Have Been Withdrawn or disclaimers on internet communications components of such drug products have Removed From the Market for Reasons to assist voters in identifying the source been found to be unsafe or not effective. of Safety or Effectiveness.’’ Received of advertising so they are better ‘‘able to Drugs appearing on this list may not be comments will be placed in the docket evaluate the arguments to which they compounded under the exemptions and, except for those submitted as are being subjected’’; 6 provided by sections 503A and 503B of ‘‘Confidential Submissions,’’ publicly • the informational benefits of the Federal Food, Drug, and Cosmetic viewable at http://www.regulations.gov disclaimers on internet Act (the FD&C Act). Specifically, the or at the Division of Dockets communications, including Web sites proposed rule would add three entries Management between 9 a.m. and 4 p.m., and social media pages, to avoid voter to this list of drug products. Monday through Friday. confusion and reduce the incidence of DATES: Submit either electronic or • Confidential Submissions—To solicitations that appear to be for written comments on the proposed rule submit a comment with confidential candidates but are actually for non- by January 3, 2017. information that you do not wish to be candidate committees; and ADDRESSES: You may submit comments made publicly available, submit your • the extent to which the as follows: comments only as a written/paper Commission’s consideration of submission. You should submit two Electronic Submissions copies total. One copy will include the disclaimer requirements should take into account current or anticipated Submit electronic comments in the information you claim to be confidential models of internet advertising. following way: with a heading or cover note that states • Federal eRulemaking Portal: http:// ‘‘THIS DOCUMENT CONTAINS The Commission also invites www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The additional comments on any issues instructions for submitting comments. Agency will review this copy, including discussed in the ANPRM and is Comments submitted electronically, the claimed confidential information, in particularly interested in comments including attachments, to http:// its consideration of comments. The addressing advertisements on internet- www.regulations.gov will be posted to second copy, which will have the enabled applications and devices (such the docket unchanged. Because your claimed confidential information as apps, eReaders, and wearable comment will be made public, you are redacted/blacked out, will be available technology). Given the speed at which solely responsible for ensuring that your for public viewing and posted on http:// technological advances are developing, comment does not include any www.regulations.gov. Submit both the Commission welcomes comments confidential information that you or a copies to the Division of Dockets that address possible regulatory third party may not wish to be posted, Management. If you do not wish your approaches that might minimize the such as medical information, your or name and contact information to be need for serial revisions to the anyone else’s Social Security number, or made publicly available, you can Commission’s rules in order to adapt to confidential business information, such provide this information on the cover new or emerging technologies. as a manufacturing process. Please note sheet and not in the body of your On behalf of the Commission. that if you include your name, contact comments and you must identify this Dated: October 7, 2016. information, or other information that information as ‘‘confidential.’’ Any Matthew S. Petersen, identifies you in the body of your information marked as ‘‘confidential’’ Lhorne on DSK30JT082PROD with PROPOSALS Chairman, Federal Election Commission. comments, that information will be will not be disclosed except in [FR Doc. 2016–25103 Filed 10–17–16; 8:45 am] posted on http://www.regulations.gov. accordance with 21 CFR 10.20 and other BILLING CODE 6715–01–P • If you want to submit a comment applicable disclosure law. For more with confidential information that you information about FDA’s posting of 6 Citizens United v. FEC, 558 U.S. 310, 368 (2010) do not wish to be made available to the comments to public dockets, see 80 FR (quoting First Nat’l Bank of Boston v. Bellotti, 435 public, submit the comment as a 56469, September 18, 2015, or access U.S. 765, 792 n.32 (1978)). written/paper submission and in the the information at: http://www.fda.gov/ VerDate Sep<11>2014 12:33 Oct 17, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\18OCP1.SGM 18OCP1


Document Created: 2016-10-17 23:52:43
Document Modified: 2016-10-17 23:52:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionReopening of comment period and notice of hearing.
DatesThe comment period for the ANPRM published October 13, 2011 (76 FR 63567) is reopened. Comments must be received on or before December 19, 2016. The Commission will hold a hearing on these issues on February 1, 2017. Anyone wishing to testify at the hearing must file timely written comments and must include in the written comments a request to testify.
ContactMr. Neven F. Stipanovic, Acting Assistant General Counsel, or Ms. Jessica Selinkoff, Attorney, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
FR Citation81 FR 71647 
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