§ 100.155 Uncompensated Internet activity by individuals that is not an expenditure.

  1. a. (a) When an individual or a group of individuals, acting independently or in coordination with any candidate, authorized committee, or political party committee, engages in Internet activities for the purpose of influencing a Federal election, neither of the following is an expenditure by that individual or group of individuals:

    1. 1. (1) The individual's uncompensated personal services related to such Internet activities;

    2. 2. (2) The individual's use of equipment or services for uncompensated Internet activities, regardless of who owns the equipment and services.

  2. b. (b) Internet activities. For the purposes of this section, the term “Internet activities” includes, but is not limited to: Sending or forwarding electronic messages; providing a hyperlink or other direct access to another person's website; blogging; creating, maintaining, or hosting a website; paying a nominal fee for the use of another person's website; and any other form of communication distributed over the Internet.

  3. c. (c) Equipment and services. For the purposes of this section, the term “equipment and services” includes, but is not limited to: Computers, software, Internet domain names, Internet Service Providers (ISP), and any other technology that is used to provide access to or use of the Internet.

  4. d. (d) Paragraph (a) of this section also applies to any corporation that is wholly owned by one or more individuals, that engages primarily in Internet activities, and that does not derive a substantial portion of its revenues from sources other than income from its Internet activities.

  5. e. (e) This section does not exempt from the definition of expenditure:

    1. 1. (1) Any payment for a public communication (as defined in 11 CFR 100.26) other than a nominal fee;

    2. 2. (2) Any payment for the purchase or rental of an e-mail address list made at the direction of a political committee; or

    3. 3. (3) Any payment for an e-mail address list that is transferred to a political committee.

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.