Say what you will about CAN-SPAM, the controversial anti-spam law passed by Congress, signed by President Bush, and assailed by critics for still allowing spammers to ply their trade. But consider this: Often enough accused of flouting the laws they pass, members of Congress themselves were said to be spamming hundreds of thousands of messages to constituents, even while they were finishing and approving CAN-SPAM.
"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," said The New York Times in a December 28 report. "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."
"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," John Marshall Law School professor David Sorkin told the paper. "When we are talking about constituents who haven't opted in, it's spam."
The Times also said "at least forty" House members bought or agreed to buy e-mail address lists from "at least four vendors," lists containing "tens of thousands of addresses," lists built by way of voter registration files from a member's home district, then cross-matching those with "large databases of names and e-mail addresses assembled by consumer data companies."
"Many members of Congress praise the new policy for allowing cheaper and more effective communications with constituents," the Times continued. "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."
