82_FR_47131 82 FR 46937 - Internet Communication Disclaimers; Reopening of Comment Period

82 FR 46937 - Internet Communication Disclaimers; Reopening of Comment Period

FEDERAL ELECTION COMMISSION

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46937-46938
FR Document2017-21706

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. On October 18, 2016, the Commission reopened the comment period to receive additional comments in light of legal and technological developments since that document was published. The Commission has decided to again reopen the comment period to receive additional comments in light of developments since that document was published. The Commission is not seeking comment on, nor does it propose changes to, any other rules adopted by the Commission in the Internet Communications rulemaking of 2006.

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017) 
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Proposed Rules]
[Pages 46937-46938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21706]


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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.

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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / 
Proposed Rules

[[Page 46937]]



FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2017-12]


Internet Communication Disclaimers; Reopening of Comment Period

AGENCY: Federal Election Commission.

ACTION: Reopening of comment period.

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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. On October 18, 2016, the 
Commission reopened the comment period to receive additional comments 
in light of legal and technological developments since that document 
was published. The Commission has decided to again reopen the comment 
period to receive additional comments in light of developments since 
that document was published. The Commission is not seeking comment on, 
nor does it propose changes to, any other rules adopted by the 
Commission in the Internet Communications rulemaking of 2006.

DATES: The comment period for the ANPRM published October 13, 2011 (76 
FR 63567) is reopened. Comments must be received on or before November 
9, 2017.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
www.fec.gov/netdisclaimers or at http://www.fec.gov/fosers, reference 
REG 2011-02. 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.
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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. 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 on the Commission's Web site.
    \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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[[Page 46938]]

    After publication of the ANPRM, the Commission 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).\5\ Also, 
after the ANPRM was published, at least one additional state joined 
California in adopting regulations to address small internet 
advertisements.\6\
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    \5\ Documents related to Commission enforcement matters under 
review (MURs) are available on the Commission's Web site.
    \6\ See Electronic Media, Requirements, Md. Code Regs. 
33.13.07.02(D)(2)(b).
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    In light of these and other legal and technological developments, 
the Commission reopened the comment period on October 18, 2016, seeking 
comments addressing persons' experiences in complying with (and 
receiving disclosure from) these state rules as well as other 
disclosure regimes.\7\ The Commission sought comments that addressed:
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    \7\ See Internet Communication Disclaimers; Reopening of Comment 
Period and Notice of Hearing, 81 FR 71647 (Oct. 18, 2016). In the 
document, the Commission also indicated it would hold a hearing on 
February 1, 2017. However, because few commenters expressed interest 
in the hearing, the Commission postponed it.
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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''; \8\
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    \8\ 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 received six comments during the reopened comment 
period, all but one of which supported updating the disclaimer rules. 
Commenters, however, differed on whether the Commission should adopt 
technological modifications to disclaimer requirements for all online 
advertisements or exempt paid advertisements on social media platforms 
from the disclaimer requirements.
    Since the close of the latest comment period, the Commission has 
again considered disclaimer requirements as applied to online 
communications by American citizens.\9\ In light of recent developments 
since the close of the latest comment period, the Commission is 
interested in receiving further comments on whether and how to revise 
its rules regarding disclaimers on certain internet communications. The 
Commission seeks additional comments addressing the bullet points above 
and any issues discussed in the ANPRM; the Commission 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.
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    \9\ See, e.g., Advisory Opinion 2017-05 (Great America PAC et 
al.) (concerning whether committees' Twitter profile pages require 
disclaimers and how committees may use Twitter handles in 
disclaimers).

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    Dated: October 3, 2017.

    On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. 2017-21706 Filed 10-6-17; 8:45 am]
 BILLING CODE 6715-01-P

46937 Proposed Rules Federal Register Vol. 82, No. 194 Tuesday, October 10, 2017 This section of the FEDERAL REGISTER name, city, state, and zip code. All contribution. U.S.C. 30120(a); 11 CFR contains notices to the public of the proposed properly submitted comments, 110.11(a). While the term ‘‘public issuance of rules and regulations. The including attachments, will become part communication’’ generally does not purpose of these notices is to give interested of the public record, and the include internet communications, it persons an opportunity to participate in the Commission will make comments does include ‘‘communications placed rule making prior to the adoption of the final rules. available for public viewing on the for a fee on another person’s Web site.’’ Commission’s Web site and in the 11 CFR 100.26.2 In addition to these Commission’s Public Records Office. internet public communications, FEDERAL ELECTION COMMISSION Accordingly, commenters should not ‘‘electronic mail of more than 500 provide in their comments any substantially similar communications 11 CFR Part 110 information that they do not wish to when sent by a political committee . . . [Notice 2017–12] make public, such as a home street and all Internet Web sites of political address, personal email address, date of committees available to the general Internet Communication Disclaimers; birth, phone number, social security public’’ also must have disclaimers. 11 Reopening of Comment Period number, driver’s license number, or any CFR 110.11(a). information that is restricted from Commission regulations set forth AGENCY: Federal Election Commission. disclosure, such as trade secrets or certain exceptions to the general ACTION: Reopening of comment period. commercial or financial information disclaimer requirements. For example, that is privileged or confidential. disclaimers are not required for SUMMARY: On October 13, 2011, the FOR FURTHER INFORMATION CONTACT: Mr. communications placed on ‘‘[b]umper Federal Election Commission published Neven F. Stipanovic, Acting Assistant stickers, pins, buttons, pens, and similar an Advance Notice of Proposed General Counsel, or Ms. Jessica small items upon which the disclaimer Rulemaking (‘‘ANPRM’’) seeking Selinkoff, Attorney, 999 E Street NW., cannot be conveniently printed.’’ 11 comment on whether to begin a Washington, DC 20463, (202) 694–1650 CFR 110.11(f)(1)(i) (the ‘‘small items rulemaking to revise its regulations or (800) 424–9530. exception’’). Nor are disclaimers concerning disclaimers on certain SUPPLEMENTARY INFORMATION: On required for ‘‘[s]kywriting, water towers, internet communications and, if so, on October 13, 2011, the Commission wearing apparel, or other means of what changes should be made to those published in the Federal Register an displaying an advertisement of such a rules. On October 18, 2016, the ANPRM seeking comment on whether nature that the inclusion of a disclaimer Commission reopened the comment and how to revise the rules at 11 CFR would be impracticable.’’ 11 CFR period to receive additional comments 110.11 regarding disclaimers on internet 110.11(f)(1)(ii) (the ‘‘impracticable in light of legal and technological communications.1 Specifically, the exception’’). developments since that document was Commission was considering whether to As discussed in the ANPRM, some published. The Commission has modify the disclaimer requirements for internet advertisements are so character- decided to again reopen the comment certain internet communications, or to limited that providing all the disclaimer period to receive additional comments provide exceptions thereto, consistent information required by the Act may in light of developments since that with the Federal Election Campaign Act, take up much of the available ad document was published. The 52 U.S.C. 30101–46 (‘‘the Act’’). The characters. See Advisory Opinion 2010– Commission is not seeking comment on, Commission received seven substantive 19 (Google) (describing 95-character nor does it propose changes to, any comments in response to the ANPRM. search result advertisements); cf. other rules adopted by the Commission All but one of the commenters agreed Advisory Opinion Request 2011–09 in the Internet Communications that the Commission should update the (Facebook) (describing several rulemaking of 2006. disclaimer rules through a rulemaking, categories of advertisements ranging DATES: The comment period for the though commenters differed on how the from zero to 160 characters).3 However, ANPRM published October 13, 2011 (76 the ANPRM noted that technological FR 63567) is reopened. Comments must Commission should do so. As discussed in the ANPRM, a options may allow for the display of be received on or before November 9, disclaimers when a user ‘‘hovers’’ or ‘‘disclaimer’’ is a statement that must 2017. ‘‘rolls’’ over the advertisement, or on the appear on certain communications to ADDRESSES: All comments must be in identify who paid for it and, where landing page to which the user is taken writing. Commenters are encouraged to applicable, whether the communication after clicking the advertisement.4 submit comments electronically via the was authorized by a candidate. 52 Commission’s Web site at www.fec.gov/ U.S.C. 30120(a); 11 CFR 110.11. With 2 The Commission is currently proposing netdisclaimers or at http://www.fec.gov/ some exceptions, the Act and amendments intended to modernize a number of regulations, including 11 CFR 100.26. To review Pmangrum on DSK3GDR082PROD with PROPOSALS fosers, reference REG 2011–02. Commission regulations require those proposals and other Commission rulemaking Alternatively, commenters may submit disclaimers for public communications: documents, visit http://www.fec.gov/fosers, comments in paper form, addressed to (1) made by a political committee; (2) reference REG 2013–01. the Federal Election Commission, Attn.: that expressly advocate the election or 3 Documents related to Commission advisory Neven F. Stipanovic, Acting Assistant opinions are available on the Commission’s Web defeat of a clearly identified federal site. General Counsel, 999 E Street NW., candidate; or (3) that solicit a 4 See, e.g., Contents of Disclosure Statements. Washington, DC 20463. Advertisement Disclosure, Cal. Code Regs. tit. 2, Each commenter must provide, at a 1 See Internet Communication Disclaimers, 76 FR sec. 18450.4(b)(3)(G)(1) (California small internet ad minimum, his or her first name, last 63567 (Oct. 13, 2011). disclosure rule discussed in ANPRM). VerDate Sep<11>2014 14:57 Oct 06, 2017 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1

46938 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules After publication of the ANPRM, the candidates but are actually for non- DEPARTMENT OF TRANSPORTATION Commission considered these issues in candidate committees; and new factual contexts. See, e.g., Advisory Federal Aviation Administration • the extent to which the Opinion Request 2013–18 (Revolution Commission’s consideration of Messaging) (asking whether ‘‘banner 14 CFR Part 39 disclaimer requirements should take ads’’ viewed on mobile phones, either in [Docket No. FAA–2017–0952; Product into account current or anticipated Web site or app, required disclaimers); Identifier 2017–CE–028–AD] models of internet advertising. MUR 6911 (Frankel) (considering whether candidates’ and political The Commission received six RIN 2120–AA64 parties’ Twitter profiles and individual comments during the reopened comment period, all but one of which Airworthiness Directives; Stemme AG tweets required disclaimers).5 Also, Gliders after the ANPRM was published, at least supported updating the disclaimer one additional state joined California in rules. Commenters, however, differed AGENCY: Federal Aviation adopting regulations to address small on whether the Commission should Administration (FAA), Department of internet advertisements.6 adopt technological modifications to Transportation (DOT). In light of these and other legal and disclaimer requirements for all online ACTION: Notice of proposed rulemaking technological developments, the advertisements or exempt paid (NPRM). Commission reopened the comment advertisements on social media period on October 18, 2016, seeking platforms from the disclaimer SUMMARY: We propose to supersede comments addressing persons’ requirements. Airworthiness Directive (AD) 2017–10– experiences in complying with (and 11 for Stemme AG Model Stemme S10– receiving disclosure from) these state Since the close of the latest comment VT gliders (type certificate previously rules as well as other disclosure period, the Commission has again held by Stemme GmbH & Co. KG). This regimes.7 The Commission sought considered disclaimer requirements as proposed AD results from mandatory comments that addressed: applied to online communications by continuing airworthiness information • How campaigns, parties, and other American citizens.9 In light of recent (MCAI) originated by an aviation political committees, voters, and others developments since the close of the authority of another country to identify disseminate and receive electoral latest comment period, the Commission and correct an unsafe condition on an information via the internet and other is interested in receiving further aviation product. The MCAI describes technologies, including any data or comments on whether and how to revise the unsafe condition as certain propeller experiences in purchasing, selling, or its rules regarding disclaimers on front transmission gear wheels having distributing small or character-limited certain internet communications. The insufficient material strength because of advertisements on Web sites, apps, and Commission seeks additional comments improper heat treatment during mobile devices; addressing the bullet points above and manufacturing. We are issuing this • any challenges in complying with any issues discussed in the ANPRM; the proposed AD to require actions to the existing disclaimer rules as applied Commission is particularly interested in address the unsafe condition on these to internet communications; comments addressing advertisements on products and to add Stemme AG Model • the technological or other internet-enabled applications and Stemme S 12 to the applicability. characteristics that might define a devices (such as apps, eReaders, and DATES: We must receive comments on ‘‘small’’ internet advertisement; this proposed AD by November 24, wearable technology). Given the speed • how a disclaimer requirement or 2017. exception for ‘‘small’’ internet at which technological advances are advertisements might be implemented; developing, the Commission welcomes ADDRESSES: You may send comments by • the informational benefits of comments that address possible any of the following methods: disclaimers on internet communications regulatory approaches that might • Federal eRulemaking Portal: Go to to assist voters in identifying the source minimize the need for serial revisions to http://www.regulations.gov. Follow the of advertising so they are better ‘‘able to the Commission’s rules in order to adapt instructions for submitting comments. to new or emerging technologies. • Fax: (202) 493–2251. evaluate the arguments to which they • Mail: U.S. Department of are being subjected’’; 8 Dated: October 3, 2017. Transportation, Docket Operations, M– • the informational benefits of On behalf of the Commission. 30, West Building Ground Floor, Room disclaimers on internet Steven T. Walther, W12–140, 1200 New Jersey Avenue SE., communications, including Web sites Chairman, Federal Election Commission. Washington, DC 20590. and social media pages, to avoid voter • Hand Delivery: U.S. Department of confusion and reduce the incidence of [FR Doc. 2017–21706 Filed 10–6–17; 8:45 am] Transportation, Docket Operations, M– solicitations that appear to be for BILLING CODE 6715–01–P 30, West Building Ground Floor, Room 5 Documents related to Commission enforcement W12–140, 1200 New Jersey Avenue SE., matters under review (MURs) are available on the Washington, DC 20590, between 9 a.m. Commission’s Web site. and 5 p.m., Monday through Friday, 6 See Electronic Media, Requirements, Md. Code except Federal holidays. Regs. 33.13.07.02(D)(2)(b). Pmangrum on DSK3GDR082PROD with PROPOSALS For service information identified in 7 See Internet Communication Disclaimers; this proposed AD, contact STEMME AG, Reopening of Comment Period and Notice of Hearing, 81 FR 71647 (Oct. 18, 2016). In the Flugplatzstrasse F2, Nr. 6–7, D–15344 document, the Commission also indicated it would Strausberg, Germany; telephone: +49 (0) hold a hearing on February 1, 2017. However, 9 See, e.g., Advisory Opinion 2017–05 (Great 3341 3612–0, fax: +49 (0) 3341 3612–30; because few commenters expressed interest in the Internet: https://www.stemme.com. You hearing, the Commission postponed it. America PAC et al.) (concerning whether 8 Citizens United v. FEC, 558 U.S. 310, 368 (2010) committees’ Twitter profile pages require may review copies of the referenced (quoting First Nat’l Bank of Boston v. Bellotti, 435 disclaimers and how committees may use Twitter service information at the FAA, Policy U.S. 765, 792 n.32 (1978)). handles in disclaimers). and Innovation Division, 901 Locust, VerDate Sep<11>2014 14:57 Oct 06, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1


Document Created: 2017-10-07 10:32:23
Document Modified: 2017-10-07 10:32:23
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.
DatesThe comment period for the ANPRM published October 13, 2011 (76 FR 63567) is reopened. Comments must be received on or before November 9, 2017.
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 Citation82 FR 46937 
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