In Declan McCullagh’s interview with Bradley Smith at C-Net there is an editor’s note (top of page 2): (Editor’s note: federal law limits the press exemption to a “broadcasting station, newspaper, magazine or other periodical publication.” ) (emphasis mine)
We are periodical publications. Sometimes we publish several times a day, sometimes just once a day, or once a week. Our “periods” aren’t defined like the weekly publication of Newsweek, or the daily publication of the Chicago Tribune, but we do, indeed, publish “periodically”. Bloggers should be covered under the Press Exemption. We are press. We self-publish with varied periods, that’s all.
See also the Captain’s Open Letter below.