Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
What's In A Name?: Predictably Regulating Cyberfraud To Protect The Democratic Political Process, Whitney C. Boshers
What's In A Name?: Predictably Regulating Cyberfraud To Protect The Democratic Political Process, Whitney C. Boshers
Vanderbilt Journal of Entertainment & Technology Law
In recent elections, political candidates have capitalized on the Internet as a central organizing resource. As a result of the low-cost, high-reward nature of campaign websites, some candidates have begun to register Web addresses--or domains--in opponents' names in order to disrupt the democratic political process. Engaging in a practice known as cyberfraud, these individuals register for domains containing the candidate's name, such as 'firstnamelastname.com." Then, instead of finding themselves on the candidate's official campaign website, voters access a website operated by the candidate's opponent that contains misleading or outright false information. Unfortunately, most political candidates have little recourse for such …
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Vanderbilt Journal of Entertainment & Technology Law
This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light …
E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii
E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii
Vanderbilt Journal of Entertainment & Technology Law
This Note discusses an aspect of this fundamental question in the context of one provision of the FECA. The FECA's identification requirement, section 441d, prohibits anonymous communications via mass media when any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of clearly identified candidates. The mass media included are broadcast, print, direct mail, outdoor advertising facilities, and any other general public political advertising. Communications triggering this provision must contain clear information identifying who paid for and who authorized them. The statute delineates three possible required disclosures: (1) that the communication has been …