Another CAN SPAM Loophole?

We Hate Spam, Congress Says (Except When It’s Sent by Us)

N.Y. Times

December 28, 2003 By JENNIFER 8. LEE

WASHINGTON, Dec. 27 - Even as Congress was unanimously approving a law aimed at reducing the flow of junk e-mail, members were sending out hundreds of thousands of unsolicited messages to constituents.

The spasm of activity is aimed at attracting voluntary subscribers to the lawmakers' e-mail lists, which would not be subject to House rules that normally impose a 90-day blackout before an election for taxpayer-supported Congressional mass communications.

In September, the House Administration Committee voted, 5 to 3, along party lines to allow e-mail messages to the subscribers to be sent in the blackout period, but maintained the ban on free postal mail from House members to voters. The policy change affected only House rules and was not part of the junk e-mail legislation.

At least 40 House members have bought or agreed to buy e-mail address lists from at least four vendors. The lists, which each have tens of thousands of addresses, are generally created by a process called e-mail appending, taking voter registration files from a member's district. The next step is to cross match them with large databases of names and e-mail addresses assembled by consumer data companies like Equifax, which has a database of more than

75 million e-mail addresses. E-mail addresses can usually be found for 10 percent to 20 percent of the voter file.

Many members of Congress praise the new policy for allowing cheaper and more effective communications with constituents. But consumer advocacy groups say the policy may unfairly give an advantage to incumbents over challengers because it allows elected officials to use government resources to communicate with voters right up to Election Day. In addition, the consumer advocates say, sending bulk e-mail messages to constituents who have not agreed to receive it is essentially electronic junk mail, or spam.

The ability to communicate with constituents at taxpayer expense, the franking privilege, is one of the most cherished and controversial perks of office. For 30 years, advocacy groups have lobbied and sued Congress to try to close loopholes and stop abuses of the privilege.

Critics say the policy has created a significant new loophole.

"The core value is that you don't want to leverage technology to increase incumbent advantage," said Celia Viggo Wexler, research director at Common Cause, a group that has sued to limit franking. "What is troubling is that essentially the House is saying, `O.K., you can communicate with the constituency up to an election, and we're not really going to check what you are saying with them.' The point is without that kind of oversight, it's ripe for abuse."

Before the change, e-mail was subject to the same treatment as regular postal mail. Correspondence sent to more than

500 constituents had to obtain approval from the franking commission and was subject to a 90-day blackout before an election. But individual responses to citizens were not subject to the restrictions.

Congressional officials said the old policy was too cumbersome.

"Anything over 500 e-mails you had to submit that to the franking commission," said Brian Walsh, the Republican spokesman for the House Administration Committee. "There was going to be a delay of a couple of days to get approved. We didn't feel that was consistent with the technology that existed."

The new policy says that lawmakers can freely send messages to voters who have agreed to subscribe to their e-mail lists. To build such lists, House members are sending huge amounts of bulk e-mail messages to their districts in the hope that some voters will subscribe.

The unsolicited messages go out from Congressional offices as often as twice a month. The unsolicited messages, which have to stop 90 days before an election or a primary, are still subject to approval from the franking commission.

"They are regulating commercial spam, and at the same time they are using the franking privilege to send unsolicited bulk communications which aren't commercial," David Sorkin, a professor at the John Marshall Law School in Chicago, said. "When we are talking about constituents who haven't opted in, it's spam."

President Bush signed the law on spam on Dec. 16, and it takes effect on Thursday. It will ban the sending of bulk commercial e-mail using false information like fake names, as well as misleading subject lines and automated harvesting of e-mail messages. It will also require all commercial e-mail messages to include a valid postal address and give recipients an opportunity to opt out of receiving more messages.

The law restricts only commercial e-mail, a sector that accounts for more than half of all e-mail traffic. The law does not apply to unsolicited political messages. It also authorizes the Federal Trade Commission to study the possibility of a "do not spam" list.

Violators of the law will be liable for a fine up to $250 per violation, up to a cap of $2 million, except in extreme circumstances, when the fine could be tripled. Violators could also face up to five years in prison.

Members of the House say their unsolicited e-mail messages are not junk e-mailings, because the messages are directly intended for constituents who have the right to opt out, and the messages have received positive reactions.

"Our experience has been that we get hundreds and hundreds of people who opt in for every person who opts out," said Representative Brad Sherman, a California Democrat who has bought a list. "E-mail has been a great communications device."

From a technology perspective, commercial and political

bulk e-mail look startlingly similar.

Advocacy Inc., a consultant in Washington, had its first unsolicited bulk e-mail, sent on behalf of Representative Pete Stark, Democrat of California, initially blocked by America Online's spam filters. AOL later agreed not to block the messages, Advocacy said.

The new policy is fueling an e-mail arms race. Democrats say that the new policy, which was drawn up by the Republicans who control the House, took them somewhat by surprise, but they are catching up.

"The Democrats are worried," said Roger A. Stone, the chief executive of Advocacy, who has been signing up Democratic offices at the rate of about five a week. "I'm dealing with people whose boss said, `Get me some of that Internet.' "

Reply to
Baphomet
Loading thread data ...

Still too good for those greedy sleazy low-life scamming mongrels, but it would be better than nothing at all! :)

Bob

Reply to
Bob Parker

Gorgeous, Ross... Simply gorgeous... Quote 400+ lines to add a two-line version of "ME TOO!!!!"

I'll give you credit for at least not top-posting your drivel, but at the same time, your neglect in trimming still earns you a good swift kick in the pants.

And here it is: LEARN TO USE YOUR FRIGGIN' NEWSREADER PROPERLY, YOU MINDLESS BOZO!

--
Don Bruder -  dakidd@sonic.net
Reply to
Don Bruder

them

info.

Thanks Don, and a Happy New Year to you! And hey, if you don't like my posts just plonk me. Then I too can enjoy your lack of replies. Thanks again.....Ross

Reply to
Ross Mac

formatting link

Reply to
Baphomet

formatting link

I haven't noticed any decrease in spam since the law passed either. Perhaps it's a bit early to tell. I liked that comment about the FTC making an example out of a few of the spammers. Wouldn't it be nice to tune into the news and see a few of them cuffed and squirming as they are hauled off to the pokie? I guess when you lose your job as a used car salesman you take up spamming for a living. At least that's my vision of their ilk!

Reply to
Ross Mac

formatting link

Perhaps

the

to

take up

I guess my vision of the typical spammer wasn't too far off...a convicted felon! Thanks for the interesting link Watson......Ross

Reply to
Ross Mac

In article , snipped-for-privacy@example.invalid mentioned...

formatting link

I sure wish they'd go back to their old ceiminal activities. They would then be messing with just a few people, not a hundred million a day!

--
@@F@r@o@m@@O@r@a@n@g@e@@C@o@u@n@t@y@,@@C@a@l@,@@w@h@e@r@e@@
###Got a Question about ELECTRONICS?   Check HERE First:###
 Click to see the full signature
Reply to
Watson A.Name - "Watt Sun, Dar

in

formatting link

an

into

off

convicted

Agreed Watson ! Between the spammers, spooffers, phishers and virus writers, they have cost the internet community & business a bundle. Just adding up what I have spent on software to deal with this is probably close to $1000 through the years...

Reply to
Ross Mac

ElectronDepot website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.