“what law?” political spending on the internet in the us ...€¦ · •spending of more than...
TRANSCRIPT
![Page 1: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/1.jpg)
“What Law?”Political Spending on the
Internet in the US and UK
Lori A. RinghandFulbright Scotland Visiting Professor &
J. Alton Hosch Professor of Law
![Page 2: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/2.jpg)
![Page 3: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/3.jpg)
• Spending of more than $1 million per month
• Fake social media accounts ran by trained impersonators
• Fed into 30 million Facebook News Feeds
• Liked and shared to millions more
• 34 indictments (13 Russian nationals); 7 guilty pleas; 17investigations
2016 US Election
![Page 4: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/4.jpg)
• Government: no evidence of “successful” efforts
• Maximum fine imposed on FB by Information Commission
• “Brexit botnet”
• 419 now-suspended accounts had been active
• Two criminal investigation referrals
• Parties and groups fined for financing and data violations
• 4 Parliamentary investigations
Brexit Referendum
![Page 5: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/5.jpg)
What Law?
![Page 6: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/6.jpg)
US
Unlimited spendingLimited contributions to parties, candidates and some groups
Unlimited (and often undisclosed) contributions to other groups
UKLimited spending by parties and most groupsUnlimited contributions to parties and groups
Contributions disclosed after election
![Page 7: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/7.jpg)
No laws
Anonymous online electioneering
Use of imposter accounts and botnets
Undisclosed funding sources of online efforts
Foreign spending on amplification
![Page 8: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/8.jpg)
Online?No comprehensive imprint rules
US: Only “express” & “paid to place” on websiteUK: None
No comprehensive disclose rulesUS: Social welfare groups excluded; “earmarks”UK: After election, aggregated
Unclear foreign spending rulesUS: Citizen’s United but BlumanUK: Not clearly captured by current regulations if <trigger
![Page 9: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/9.jpg)
Reform Proposals?
Transparency
Protects against corruption through vigilanceContextualizes the messages we see
Transparency Source Exclusions
![Page 10: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/10.jpg)
Transparency: Defining the Scope
Law Professors are Awesome!
ElectLori Ringhand!
We need more Law Professors
in the Senate
![Page 11: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/11.jpg)
Content Speaker Time
US“Magic Words”Express v Issue
Time + ID
Primary Purpose test
within 30 days of Primary
or 60 days of election
UKInfluencing Elections
or Political Ends
Purpose “wholly or mainly” political
During Election Period
![Page 12: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/12.jpg)
Internet Effect Transitory
Can test and delete thousands of ads avoiding magic words
OrganicTough to tie to identity of speaker because messages gain power
through likes and shares
Cheap A little spend goes a long way; cost is in production not placement
Ubiquitous We are all talking all the time, diluting effect of time bound
regulations
![Page 13: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/13.jpg)
Reform Proposals?
Source Exclusions
Prohibit certain entities from participating in the conversation even when fully disclosed
Transparency Source Exclusions
![Page 14: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/14.jpg)
Dear Ohio Voter ... Don’t be so ashamed of your
president: the majority of you didn’t vote for him. If Bush is finally
elected properly, that will be the time for Americans traveling abroad
to simulate a Canadian accent. Please don’t let it come to that. Vote against Bin Laden’s dream candidate. Vote to send Bush
packing.
Source Exclusions: Who and Why?
![Page 15: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/15.jpg)
No “corruption” of public officials
Mediated through minds of voters
US: “Narrowly tailored” to meet state interest
UK: Proportionate to need or necessary in a democracy
Legally relevant Normatively complex
If fully transparent, why prevent a voter from hearing the perspective of outsiders?
![Page 16: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/16.jpg)
Citizens United barred speaker distinctions for contributions
But foreign express spending ban upheld in name of democratic self-determination
Foreign donations prohibited
But status of foreign sourced spending is unclear
![Page 17: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/17.jpg)
Internet Effect
Rapidity
Confirmation Bias
Emotionality
Distortion
Normalization
![Page 18: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/18.jpg)
Do now
1. Online imprints• Require online imprints for communications
already requiring them offline2. Disclosure
• Eliminate exemptions (US) and expedite reporting (UK)
3. Clarify foreign source exclusion rules4. Learn from each other
![Page 19: “What Law?” Political Spending on the Internet in the US ...€¦ · •Spending of more than $1 million per month • Fake social media accounts ran by trained impersonators](https://reader034.vdocuments.us/reader034/viewer/2022050300/5f697a877c9f9776be68f448/html5/thumbnails/19.jpg)
“What Law?”Political Spending on the
Internet in the US and UK
Lori A. RinghandFulbright Scotland Visiting Professor &
J. Alton Hosch Professor of Law