1. ern et,
the Int
Wh en pe rty
al Pro
telle ctu ollide
In ign sC
am pa
&C
Copyright 2011. Gagnier Margossian LLP. All rights reserved.

2. Us

3. Ori gins
When the Dean campaign launched the first
“online organizing” efforts, the impact and challenge
of the Internet in the campaign space had not yet been
imagined.

4. Iss ues

5. Is sues

6. ’ 08/ ’10
ycl es:
ctio nC IP
Ele and
aig ns
Camp

7. 10 iC ycles
’ 08/’ Or a

8. 10 iC ycles
’ 08/’ Or a
Copyright and DMCA Takedown Notices
✓ Digital Millennium Copyright Act
✓ Platform providers benefit from a safe harbor.
✓ Essentially, they get a takedown notice and,
literally, take it down.
✓ But not always...

9. 10 iC ycles
’ 08/’ Or a

10. 10 iC ycles
’ 08/’ Or a
Critical Question:
Who owns what when it comes to a campaign?

11. 10 iC ycles
’ 08/’ Or a
Fair Use
✓ What is the character of the use?
✓ What is the nature of the work to be used?
✓ How much of the work will you use?
✓ What effect would this use have on the market?

12. 10 iC ycles
’ 08/’ Or a
Trademark Issues
✓ Domain Name Acquisition
✓ Domain Name Litigation
✓ What’s in a name?

13. 10 iC ycles
’ 08/’ Or a
User Generated Content and Section 230
✓ Communications Decency Act
✓ Insulates platform providers from liability from
defamatory posts by users as well as other
content that may subject the provider to legal
concerns.
✓ In a campaign context, exercising editorial
capacity can be an issue on a website.

14. Cyc le:
Election
2 0 12 Iss ues
erg ing
Em

15. 2 rC ycle
201O ia
Rule #1 of the Internet:
Be careful about deciding where and when to be a
jerk.
This is the “Coco” lesson.

16. 2 rC ycle
201O ia
Social Networks
✓ Spoof profiles
✓ Verifying identity
✓ Removing “unofficial profiles”

17. 2 rC ycle
201O ia
Big Data Movement & Privacy
✓ Reuse of Campaign Lists
✓ Political Phishing

18. 2 rC ycle
201O ia
Mobile Fundraising
✓ FEC determination
✓ Funds coming back from provider companies to
campaigns too slowly
✓ Cross platform issues
✓ Collecting the right kind of data to meet reporting
requirements
✓ Ensuring caps are not exceeded

19. 2 rC ycle
201O ia
Last, but not least...
The “Sarah Palin Question”

20. act Us
Co nt
om llp.c
gama
agnie r [at] amal lp.com
g
ssian [at] g
m argo
@ga mallp
Copyright 2011. Gagnier Margossian LLP. All rights reserved.