"Cyber Loophole"

The Washington Post offers this editorial, which begins: "CONSIDER THIS campaign finance scenario: A member of Congress faces a tough reelection race and needs as much financial help as possible. The politician can't legally take money from a corporation or labor union, and the most individuals can give is a few thousand dollars. But the lawmaker goes to a company and suggests another way to help out. He proposes that it pay for his Internet advertising. The campaign's consultants will produce the spots and choose the Web sites; the company need only write the check. And the company's help won't ever show up in campaign finance records."

Bob Bauer reacts negatively to the editorial: "This conduct is, however, illegal under existing law: no new regulation of the Internet is necessary to stop it. The violations—which include but are not limited to a violation of the prohibition on corporate election-related spending—do not depend on the use of the Internet. So the Post is calling for unneeded rules that, failing to solve a real problem, do manage to equip the state with new powers and a fresh rationale to restrict Internet politics."

Posted by Rick Hasen at October 11, 2005 08:58 AM