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Ethics staff proposes forum to explore archive of paid online political ads

San Francisco Ethics Commission · December 18, 2017
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Summary

Staff recommended convening experts to study a proposed public archive for paid online political communications (e.g., targeting, amount paid, content) and return recommendations; commissioners supported further study and broader input on identifying the true funding source for digital ads.

San Francisco Ethics Commission staff on Dec. 13 outlined a proposal to study creating an archive of paid online political communications and recommended convening a forum of experts to test feasibility before drafting rules.

Policy analyst Pat Ford described the concept as an online public archive (maintained centrally or by individual platforms) containing metadata about paid political communications — the amount paid, content, and targeting data — but not necessarily the payer's identity. The goal is to increase transparency about how online platforms are used to influence elections. Staff said the proposal is roughly analogous to federal broadcast "public file" requirements but would be more complex given the diversity of online communications.

Staff recommended a three-step process: (1) convene a forum with academics and practitioners (including Anne Ravel and law professors mentioned in earlier debates), (2) present forum findings at the following meeting, and (3) bring a draft rule if the forum suggests the approach is feasible. The memo noted San Francisco law already covers some internet communications and provides a broader electioneering window than federal law (90 days before an election in San Francisco versus 30/60 days at the federal level).

Commissioners expressed support but cautioned against rushing the timeline; Commissioner Rennie urged thoroughness, and Commissioner Lee asked that the forum include analysis about identifying the "true source" of funding for online ads and possible tightening of rules on foreign-sourced political communications.

Public commenters raised questions about exemptions for member organization communications and how online disclaimers would appear; Friends of Ethics urged broader disclosure coverage and attention to practical implementation details.

Next steps: staff will plan the proposed forum, consult broader research (including Stanford's practicum work), and return findings and recommendations to the Commission for further action.