Election law expert Richard Hasen looks at the FEC's first draft of Internet regulations, and isn't all that sanguine about them.

But the greater danger of the FEC’s proposals, if enacted as they are, is the additional uncertainty that they would create. For example, consider someone who has a private website or blog that contains occasional political commentary. Suppose the blogger owns the site as a corporation. Corporations cannot engage in certain election-related activities except through a separate political action committee subject to numerous reporting and disclosure requirements. Can the blogger post commentaries calling for the election or defeat of a candidate for President? The draft rules extend the media exemption to news stories, commentaries and editorials appearing over the Internet, but written materials in this category must appear in a “newspaper, magazine or other periodical publication.” It is not clear that a blogger fits into this category, particularly if the blogger does not post regularly. [Editor's note: PDF contributing editor Michael Bassik adds his own analysis on this issue here.]

Similarly, what of a volunteer who has a website supporting a candidate for federal office, who maintains that website not just at home and at a public library, but also every day at lunch hour while working at a corporation? The FEC rules create a safe harbor for volunteer activity of this sort when conducted at home, when using personally-owned equipment, or when using equipment at a public place like a library. It is even permissible to use corporate-owned equipment, but only when the use is “occasional, isolated or incidental.” What of a professional who blogs regularly from work wants to engage in election advocacy on the blog?

The FEC will need to sort out these issues in the final set of rules.

 It's nice to think that the FEC doesn't want to get into the morass of regulating blog entries for 7 million blogs.  But so far, their rules about Internet "campaign contributions" are still too amorphous for my taste.