In contrast, Proposal B would be far more ﬂexible, applying “adapted
disclaimers” in many more cases, “depending on the amount of space or time
necessary for a clear and conspicuous disclaimer as a percentage of the overall
advertisement” (FEC 2018, p. 20). For example, some online ads could be
displayed as “billboard ads” in the background of city landscapes in online
games. Should such ads, viewed perhaps quickly by gamers, contain the full set

13 The other area of interest in the 2018 rule-making process concerns the phrase “communications
placed for a fee on another person’s Web site” in 11 CFR 100.26. Because of the explosion of
smartphones and “apps” (applications) on these phones, the FEC proposed to expand the
regulatory reach to include ads accessed through an “internet-enabled device or application.”
For example, paying to place an ad in someone’s Facebook newsfeed is conceivably not techni-
cally a “Web site” when it’s viewed through someone’s Facebook iPhone app.
Social_Media_and_Democracy