I 

110TH CONGRESS 

2D SESSION H. R. 5699 

To amend the Federal Election Campaign Act of 1971 to protect uncompensated Internet activity by individuals from treatment as a contribution 

or expenditure under the Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mr. HENSARLING (for himself, Mr. AKIN, Mr. BARRETT of South Carolina, 

Mr. BARTLETT of Maryland, Mr. BISHOP of Utah, Mrs. BLACKBURN, 

Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. CAMPBELL of California, Mr. CANNON, Mr. CANTOR, Mr. DAVID DAVIS of Tennessee, Ms. 

FALLIN, Mr. FEENEY, Mr. FLAKE, Mr. FORTUN ̃O, Ms. FOXX, Mr. 

FRANKS of Arizona, Mr. GINGREY, Mr. HOEKSTRA, Mr. KLINE of Minnesota, Mr. LAMBORN, Mr. MARCHANT, Mr. MCCARTHY of California, 

Mrs. MUSGRAVE, Mr. NEUGEBAUER, Mr. PAUL, Mr. PENCE, Mr. RYAN

of Wisconsin, Mr. SESSIONS, Mr. SHADEGG, Mr. TANCREDO, Mr. 

WALBERG, and Mr. WILSON of South Carolina) introduced the following 

bill; which was referred to the Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

protect uncompensated Internet activity by individuals 

from treatment as a contribution or expenditure under 

the Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Blogger Protection Act 

3 of 2008’’. 

4 SEC. 2. EXEMPTION OF UNCOMPENSATED INDIVIDUAL 

5 INTERNET ACTIVITY FROM TREATMENT AS 

6 CONTRIBUTION OR EXPENDITURE. 

7 (a) EXEMPTIONS.— 

8 (1) EXEMPTION FROM TREATMENT AS CON9 TRIBUTION.—Section 301(8)(B) of the Federal Elec10 tion Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is 

11 amended— 

12 (A) by striking ‘‘and’’ at the end of clause 

13 (xiii); 

14 (B) by striking the period at the end of 

15 clause (xiv) and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following new 

17 clause: 

18 ‘‘(xv) any uncompensated personal services re19 lated to Internet activities, or use of equipment or 

20 services for uncompensated Internet activities, that 

21 are engaged in by any individual, group of individ22 uals, or corporation wholly owned by one or more in23 dividuals that engages primarily in Internet activi24 ties and does not derive a substantial portion of its 

25 revenue from sources other than income from its 

26 Internet activities, other than— 


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1 ‘‘(I) any payment for a public communica2 tion (other than a nominal fee), 

3 ‘‘(II) any payment for the purchase or 

4 rental of an email address list made at the di5 rection of a political committee, or 

6 ‘‘(III) any payment for an email address 

7 list that is transferred to a political com8 mittee.’’. 

9 (2) EXEMPTION FROM TREATMENT AS EXPEND10 ITURE.—Section 301(9)(B) of such Act (2 U.S.C. 

11 431(9)(B)) is amended— 

12 (A) by striking ‘‘and’’ at the end of clause 

13 (ix); 

14 (B) by striking the period at the end of 

15 clause (x) and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following new 

17 clause: 

18 ‘‘(xi) any uncompensated personal services re19 lated to Internet activities, or use of equipment or 

20 services for uncompensated Internet activities, that 

21 are engaged in by any individual, group of individ22 uals, or corporation wholly owned by one or more in23 dividuals that engages primarily in Internet activi24 ties and does not derive a substantial portion of its 


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1 revenue from sources other than income from its 

2 Internet activities, other than— 

3 ‘‘(I) any payment for a public communica4 tion (other than a nominal fee), 

5 ‘‘(II) any payment for the purchase or 

6 rental of an email address list made at the di7 rection of a political committee, or 

8 ‘‘(III) any payment for an email address 

9 list that is transferred to a political com10 mittee.’’. 

11 (b) INTERNET ACTIVITY DEFINED.—Section 301 of 

12 such Act (2 U.S.C. 431) is amended by adding at the end 

13 the following new paragraph: 

14 ‘‘(27) INTERNET ACTIVITY.—The term ‘Internet ac15 tivity’ includes sending or forwarding electronic messages, 

16 providing a hyperlink or other direct access to another per17 son’s Web site, blogging, creating, maintaining, or hosting 

18 a Web site, paying a nominal fee for the use of another 

19 person’s Web site, and any other form of communication 

20 distributed over the Internet.’’. 

21 SEC. 3. COVERAGE OF BLOGS AND OTHER INTERNET AND 

22 ELECTRONIC PUBLICATIONS UNDER GEN23 ERAL MEDIA EXEMPTION. 

24 Section 301(9)(B)(i) of the Federal Election Cam25 paign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by 


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1 inserting ‘‘including any Internet or electronic publication 

2 (including a blog),’’ after ‘‘periodical publication,’’. 

Æ 


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