2. EPIC Promotes ‘Algorithmic Transparency’ for Political Ads
EPIC has submitted comments to the Federal Election Commission promoting new rules that would establish transparency for online political ads. EPIC proposed that the FEC: (1) impose at least the same disclosure requirements for internet communications as for broadcast and print communications—including who paid for the communication—and (2) require algorithmic transparency for targeted political advertisements that appear on platforms such as Facebook, Google, and Twitter. EPIC said that voters should “know as much about advertisers as advertisers know about voters.”
The FEC previously considered disclosure requirements for online political advertisements in 2011, when the Commission first issued an Advance Notice of Proposed Rulemaking. The FEC reopened the public comment period in 2016, and then again in October, stating that it sought additional comments “in light of developments” since 2016. It has yet to undertake a rulemaking, however.
Under the FEC’s current rules, certain communications are exempt from the disclaimer requirements that apply to traditional print, radio, and television advertisements. These exemptions include advertisements with space limitations, such as those placed on “bumper stickers pins, buttons,” and other small items. The FEC has applied this exemption to internet advertisements but noted that “technological options may allow for the display of disclaimers when a user ‘hovers’ or ‘rolls’ over the advertisement.” EPIC noted that “URL shortening tools” could also be used.
Senators Klobuchar (D-MN), Warner (D-VA), and McCain (R-AZ) have introduced a bipartisan bill that would require the same disclosures for online political advertisements as for print and broadcast advertisements.
In view of evidence that Russia used online advertisements to interfere in the 2016 presidential election, EPIC implored the FEC to fulfill its role to protect the integrity of elections. “The need to protect democratic institutions from foreign adversaries has never been greater,” EPIC wrote. EPIC is fully engaged in the challenge of preserving and promoting democratic institutions and election integrity with its Project on Democracy and Cybersecurity. EPIC has four pending FOIA cases, EPIC v. FBI, EPIC v. ODNI, EPIC v. IRS, and EPIC v. DHS seeking records pertaining to Russian interference in the 2016 election. |
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