Out of Cheese

Dave Winer wants to raise $5 million to defeat one or two members of Congress who support a bill introduced by Rep. Howard Berman that would allow companies to disable or hack into computers that they believe are infringing on copyrights.

Right off the bat, though, there are a couple of problems with Dave’s proposed efforts:

• Berman and another co-sponsor, Howard Coble, are both running unopposed this year. Mounting any sort of campaign against anyone running unopposed is simply a waste of time, effort, and money. Yes, it sucks that so many members of Congress run unopposed, but that’s how reapportionment skews things in most states.

• A new organization can’t raise $5 million in three months, especially if you’re talking about hard money.

That’s not to say that all hope is lost, of course. It isn’t impossible to draw up a game plan for making a difference in the 2002 elections, close as they may be, and for forcing some people in Washington to notice. Here’s how to do it:

• Review the list of co-sponsors of Berman’s legislation. Contact someone who pays close attention to Congressional campaigning — Charles Cook, or someone with similar expertise — and find out which races are likely to be competitive in the fall. Cross-reference that with the list of co-sponsors to find a race or two to target.

• Double-check with the campaigns of the opponents of whoever you’re targeting to make sure they oppose Berman’s legislation. It doesn’t do you any good to work for the election of someone who won’t support you.

• Hire at least two full-time staffers to work through Election Day. You’ll need one fundraiser, ideally based in Washington and experienced in soft-money fundraising, and another campaign coordinator who can figure out what to do with the money. More people might be necessary by mid-September, but you’ll need two right off the bat.

• Someone, either the staffers or someone associated with this effort, needs to have a very good understanding of federal campaign law. In particular, there are many regulations that govern how organizations can spend soft money to influence elections, and it all changes after this election thanks to McCain-Feingold. You don’t want to be thrown in jail because you raised money without understanding the regulations that constrain your efforts.

• Establish a fundraising target. You don’t need $5 million in a single race. $500,000 is more like it, or even less than that. Spend it right — targeted TV ads on the right stations at the right time, targeted phone calls, well-written mailings, etc. — and it’ll make a much bigger difference than $5 million spent without rhyme or reason.

• Spend the next four to six weeks raising money. Few people in our industry know how to raise money effectively, and while I’m firmly in the category of those who don’t know how to do it, I have a vague sense of how it works. Most important is to get certain people who have many connections and believe in your cause — Tim O’Reilly would be one, Dave Winer is another, and there are many more — to commit to raise a certain amount of money from their colleagues (say, $20,000 or more) by, say, September 15th. Don’t just put up a web page and point people to it; that’s useless. Get people on the phone, calling their friends and saying, “We’re trying to toss out of Congress. We’re trying to raise $500,000 by September 15th to do it. Can you give $500?” Follow up with them if they’re wavering. Don’t take a soft no for an answer. Fundraising is not fun, but if you work hard at it and do it right, you will be successful.

• Once contributions start coming in, make sure you know what you’re doing with them. Have a game plan in mind, knowing that federal law prohibits direct coordination between soft money spenders and campaigns but that you can still figure out how to spend your money effectively. Find out what kind of campaigning — TV, mailings, GOTV efforts, etc. — will be most beneficial to the candidate you’re supporting, and do exactly that. People in the district will notice.

• When it’s all said and done, contact your supporters to let them know they made a difference and you appreciate their efforts. Keeping them as contributors is imperative for future campaigns.

In the end, whether you’re successful or not, realize that the Berman bill isn’t the only issue that shows that Congress doesn’t understand technology users. Take the fundraising lists that you built throughout the campaign and hire a full-time staffer to raise money for 2004. By the summer of 2004, if you run things well you may have $1 million or more to spend on campaigns, and you’ll have a much better sense of how to do it right. That’s when people in Washington will notice, and that’s when the fight will be much more even than it is today.