[EL] Free Beacon on Marc & FB

[David Keating]

Alas, it is considerably more complicated than either of these emails state on the Facebook or Google requests.  And rather than try to summarize it all, those who want to learn more about the Facebook request should consult Marc’s request and additional comments, along with comments in support filed by the DCCC, DNC and DSCC and others in support and in opposition.  Some noted that linking to a NY Times story, for example, would be illegal under one draft.

The reality is that the Google text ads were approved.  There is nothing that makes it conditional where the link would go. That was an alternative request by Google. Cautious advertisers would link to a page with a disclaimer.  Others might not.

Facebook: https://www.fec.gov/data/legal/advisory-opinions/2011-09/
Google: https://www.fec.gov/data/legal/advisory-opinions/2010-19/

David
_________________________________________________
David Keating | President | Center for Competitive Politics
124 S. West Street, Suite 201 | Alexandria, VA 22314
703-894-6799 (direct) | 703-894-6800 | 703-894-6811 Fax
www.campaignfreedom.org<http://www.campaignfreedom.org/>

From: Paul Ryan [mailto:PRyan at commoncause.org]
Sent: Thursday, September 28, 2017 5:26 PM
To: Tom Moore
Cc: David Keating; Steve Hoersting; law-election at uci.edu
Subject: Re: [EL] Free Beacon on Marc & FB

And if I remember one of Marc's arguments/hypos correctly--he stated that Facebook advertisers might want to send readers to someone else's website, not to the advertiser's own website, so that the disclaimer-on-landing-page approach wouldn't work for his client (e.g., a political party's ad hyperlinking to a candidate's website).
Paul Seamus Ryan
Vice President, Policy & Litigation
Common Cause
(202) 262-7315

On Sep 28, 2017, at 5:14 PM, Tom Moore <TMoore at fec.gov<mailto:TMoore at fec.gov>> wrote:



There were some key differences between the two requests, which led to important differences in the responses from the Commission.



The Google AOR specified that the disclaimer information would not be present in the small ad itself, but would be available on the resulting landing page when a reader clicked through. That was enough to get four votes from the Commission, but not four votes to require that the detail be made available. [Commissioners Bauerly, Petersen, Walther and Weintraub voted affirmatively for the decision. Commissioners Hunter and McGahn II dissented.]  So the Commission said "yes" to Google's request for an exemption from the disclaimer requirements but did not give a reason for doing so. The result was that Google received the exemption it sought under the terms it proposed.



The Facebook AOR the following year did not specify that the disclaimer information would be available after a clickthrough -- it argued that it was exempt from the disclaimer requirements altogether. Based on these representations (or lack thereof), the Commission split and did not issue an opinion. [Commissioners Hunter, McGahn, and Petersen voted for the draft that granted Facebook's request for an exception. Commissioners Bauerly, Walther and Weintraub voted against that draft.] The result was that Facebook did not receive the exemption it sought under the terms it proposed.



Note that those voting to grant and oppose largely flipped between the two matters.



Tom Moore

Counsel to Commissioner Ellen L. Weintraub

Federal Election Commission



________________________________
From: David Keating <dkeating at campaignfreedom.org<mailto:dkeating at campaignfreedom.org>>
Sent: Thursday, September 28, 2017 4:29 PM
To: Tom Moore; Steve Hoersting; law-election at uci.edu<mailto:law-election at uci.edu>
Subject: RE: [EL] Free Beacon on Marc & FB


There has been a lot of bad reporting on this Facebook ad issue, and the Free Beacon is not the first to insinuate (or claim) that Facebook ads don’t have to carry disclaimers. So to the reporters on this list, here is some additional info so you don’t make the same mistake.



As we all know, the internet changes rapidly.  The Facebook FEC request in 2011 was essentially the same as the Google adwords AOR that was granted in 2010.  Yet the FEC didn’t grant it.  Facebook ads in 2011 looked a lot like Google adwords (sponsored search/context ads) then and now.  That’s no longer true.



The typical Facebook ads today are larger, vastly different and have enough room for disclaimers.



David

_________________________________________________

David Keating | President | Center for Competitive Politics

124 S. West Street, Suite 201 | Alexandria, VA 22314

703-894-6799 (direct) | 703-894-6800 | 703-894-6811 Fax

www.campaignfreedom.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.campaignfreedom.org%2F&data=02%7C01%7Cpryan%40commoncause.org%7C8155fd9db4bb431ae5c308d506b5dc09%7Cdb39e4b4de324cf9b66e9d02d8172178%7C0%7C0%7C636422300527850449&sdata=PfNwaWxtY1YprwuiRBKfa1uHqYleJuKjwhiq%2FhshqvQ%3D&reserved=0>
Center for Competitive Politics — Protecting Speech, Press ...<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.campaignfreedom.org%2F&data=02%7C01%7Cpryan%40commoncause.org%7C8155fd9db4bb431ae5c308d506b5dc09%7Cdb39e4b4de324cf9b66e9d02d8172178%7C0%7C0%7C636422300527850449&sdata=PfNwaWxtY1YprwuiRBKfa1uHqYleJuKjwhiq%2FhshqvQ%3D&reserved=0>
www.campaignfreedom.org<http://www.campaignfreedom.org>
Colorado closes free speech case, changes law, pays $220K in attorney’s fees. Alexandria, VA – Attorneys for Colorado and the Center for Competitive Politics (CCP ...




From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Tom Moore
Sent: Thursday, September 28, 2017 3:18 PM
To: Steve Hoersting; law-election at uci.edu<mailto:law-election at uci.edu>
Subject: Re: [EL] Free Beacon on Marc & FB





The article is curiously devoid of the detail that Hillary Clinton's lawyer was only able to convince the FEC's Republicans to go along with Facebook's request to not have to include disclaimers.



Tom Moore



________________________________

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Steve Hoersting <hoersting at gmail.com<mailto:hoersting at gmail.com>>
Sent: Thursday, September 28, 2017 3:08 PM
To: law-election at uci.edu<mailto:law-election at uci.edu>
Subject: [EL] Free Beacon on Marc & FB



fyi



http://freebeacon.com/politics/hillary-clintons-lawyer-helped-facebook-avoid-political-ad-disclosures/<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffreebeacon.com%2Fpolitics%2Fhillary-clintons-lawyer-helped-facebook-avoid-political-ad-disclosures%2F&data=02%7C01%7Cpryan%40commoncause.org%7C8155fd9db4bb431ae5c308d506b5dc09%7Cdb39e4b4de324cf9b66e9d02d8172178%7C0%7C0%7C636422300527850449&sdata=qoAHsgvkyDcb2unfoSi7mykjKJseOrSdp4L35Z%2FHa6E%3D&reserved=0>

[http://freebeacon.com/wp-content/uploads/2017/09/facebook.jpg]<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffreebeacon.com%2Fpolitics%2Fhillary-clintons-lawyer-helped-facebook-avoid-political-ad-disclosures%2F&data=02%7C01%7Cpryan%40commoncause.org%7C8155fd9db4bb431ae5c308d506b5dc09%7Cdb39e4b4de324cf9b66e9d02d8172178%7C0%7C0%7C636422300527850449&sdata=qoAHsgvkyDcb2unfoSi7mykjKJseOrSdp4L35Z%2FHa6E%3D&reserved=0>


Hillary Clinton's Lawyer Helped Facebook Avoid Political Ad Disclosures<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffreebeacon.com%2Fpolitics%2Fhillary-clintons-lawyer-helped-facebook-avoid-political-ad-disclosures%2F&data=02%7C01%7Cpryan%40commoncause.org%7C8155fd9db4bb431ae5c308d506b5dc09%7Cdb39e4b4de324cf9b66e9d02d8172178%7C0%7C0%7C636422300527850449&sdata=qoAHsgvkyDcb2unfoSi7mykjKJseOrSdp4L35Z%2FHa6E%3D&reserved=0>

freebeacon.com<http://freebeacon.com>

Marc Elias helped Facebook avoid political advertisement disclosures years prior to acting as her general counsel





(I've only skimmed it).



--

Stephen M. Hoersting
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