Senate Franking Dear Colleague

[John Wonderlich]

Attached, and included below, is a Dear Colleague from the Senate Rules Committee regarding Web Use.  To me, it raises more questions than it answers.











June 3, 2009

Dear Colleague:

    The rapid evolution of new Internet-based media and the creation of third-party websites and tools present fresh opportunities for Senate offices to serve their constituents and the public. A goal for the Rules Committee is to facilitate the use of these new technologies in compliance with existing law and Senate rules and regulations.

    Previously, official use of sites outside the "Senate.gov" domain was prohibited. However, in September, 2008, the U.S. Senate Internet Services Usage Rules and Policies were changed to permit Members to separately establish and maintain official Senate content on third-party websites. At that time, offices were instructed that "care needs to be taken not to violate Senate Rules, Regulations, Standing Orders and Statutes governing Senate operations, including the prohibition on using Senate Internet resources for personal, promotional, commercial, or partisan political/campaign purposes."

    We want to highlight the following issues for Members to consider as they decide how they will use Internet-based new media:

    -    Official Senate business must be separate from political, commercial, and promotional activities.

    -    No official resources -- office funds, staff time, equipment, space -- may be used for the creation or maintenance of political, commercial, or promotional material on these sites.

    -     Members maintaining sites outside the "Senate.gov" domain should ensure that public commentary, if permitted, is clearly distinguished from official content. Members who permit public commentary should advise visitors to their site that such comments do not reflect the views of the Senator or the U.S. Senate, and that material that violates Senate rules for official sites may be removed.

    -    Certain websites may collect data from website users (a practice known as "data mining"). Members are strongly cautioned against having an official presence on sites that may use such data for political or commercial activities.

    -    Sites with official Senate content may not require a fee or service charge for viewing such content.

    -    Certain sites, especially those that are not official sanctioned by the Senate Rules Committee, may place advertising on pages containing official Member content. This can pose risks to Members who may have no control over the content, placement or use of such advertising.

    -    At this time the only third-party website that has formally entered into an agreement to keep all promotional, commercial, or partisan advertising and commentary from Member sponsored webpages is YouTube.

    -    The Rules Committee is actively working with other internet sites to include them on the list of sites that agree to the Senate internet regulation requirements.

    If you have any questions about using this new media or your office would like assistance, please feel free to contact us or have your staff contact Adam Ambrogi, Democratic counsel, at 224-0279, or Michael Merrell, Republican counsel, at 224-9754.

    Sincerely,

Charles E. Schumer
Chairman

Robert F. Bennett
Ranking Member

[Jon Henke]

I've never understood rules like this:

"Sites with official Senate content may not require a fee or service charge for viewing such content."

So, if Senator Schumer gives an interview in his office to Roll Call, does Roll Call have to give their paper away for free?

I understand the desire to prevent Congressmen from using their role to help commercial interests....but giving exclusive interviews helps commercial interests.  What's the difference?

-------------

Jon Henke

(202) 595-4323

<Dear-Colleague-New-Media-06-03-09.pdf>

[Clay Shirky]

> I've never understood rules like this:
> "Sites with official Senate content may not require a fee or service charge
> for viewing such content."
> So, if Senator Schumer gives an interview in his office to Roll Call, does
> Roll Call have to give their paper away for free?
> I understand the desire to prevent Congressmen from using their role to help
> commercial interests....but giving exclusive interviews helps commercial
> interests.  What's the difference?

The difference is "official Senate content" -- Schumer can use his
natural monopoly on "utterances by Charles Schumer" as he likes, but
if it falls under the designation 'official content', he can't.

-c