Political Skullduggery

American voters are destined to be swamped with e-mails en masse from political strategists--some anonymous--in this Fall's election season, due to a new exemption in FEC campaign laws.

A new loophole in election spending regulations is likely to produce a torrent of unsolicited e-mails to voters -- and widespread complaints about political spam -- as the midterm elections approach this fall, political consultants say.

Purveyors of private e-mail addresses and designers of campaign Web sites report that their businesses are booming this year as partisans take advantage of an exemption in election rules that allows wealthy individuals to pour unlimited sums into Internet communications without having to disclose their identities or total expenditures...

"I can't imagine this will be a particularly effective method of getting out the vote," said Jim Jordan of Thunder Road Group, a political consultancy. "It is spam after all, and there are few things that annoy us more than spam."

The e-mail exemption, which was approved by the Federal Election Commission in March, might become the next big avenue for campaign funding abuses, some experts warn. Heavy spenders, such as individuals or groups not affiliated with campaigns, could use mass e-mailings to alter the outcome of key congressional races and still remain anonymous, a result that runs counter to the intention of federal election laws...

The FEC voted unanimously March 26 not to regulate political communication on the Internet, including e-mails, blogs and the creation of Web sites. The commission had decided two years earlier to exempt all Internet activity from regulation, but that ruling was overturned by a federal judge who ordered the FEC to write rules that apply to at least some parts of cyberspace.

Bloggers, who are a fast-rising force in politics, pushed hard (with the help of their readers) to convince the commission that their writings should not be considered for the purposes of regulation the same as campaign contributions. In the end, they won. Only paid political advertisements placed on Web sites were ultimately subjected to campaign finance limitations...

Advocacy Inc.'s Roger Alan Stone, ... explained in a note to clients and associates why he is expecting a surge in revenue: "A wealthy individual could purchase all of the e-mail addresses for registered voters in a congressional district . . . produce an Internet video ad, and e-mail it along with a link to the campaign contribution page," he wrote. "Not only would this activity not count against any contribution limits or independent expenditure requirements; it would never even need to be reported."

However, there is some possibility of a respite from the looming deluge:

The only impediments to growth, VSC chairman Bill Daly said, are increasingly sophisticated systems that block electronic spam and the dearth of middlemen to sell e-mail addresses for political uses. Campaigns can buy e-mail addresses for about 12 cents per name, retailers say.

"The e-mail loophole will be the vehicle that large donors will use at the last minute to get their message out this year," Fose predicted. "After they've put money everywhere else, the Internet will be the place where they will pour their funds at the end of the campaign season."