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handle is hein.crs/goveibp0001 and id is 1 raw text is: Congressional                                                     ____
~ Research Service
Campaign Finance Policy and Email Spam
Filtering: The Google Advisory Opinion
Request
August 9, 2022
Political campaigns rely heavily on email and the internet to raise money and court voters. The Federal
Election Commission (FEC) is considering an advisory opinion request (AOR) from Google, which seeks
to establish a pilot program enabling Gmail users to provide feedback affecting which political
fundraising messages they receive rather than relying on the service's existing spam filters. The AOR is
one component of a much larger debate in Congress and beyond about the role that social media
platforms and technology companies play in American politics. This CRS Insight provides congressional
readers with brief background on the AOR and related campaign finance policy issues. Other CRS
products linked herein discuss policy and legal topics that are beyond the scope of this Insight.
What are Advisory Opinions?
The Federal Election Campaign Act (FECA) establishes the advisory opinion (AO) process to enable
those regulated by campaign finance law or FEC regulations to ask whether specific, planned conduct is
permissible. Questions may not be hypothetical. Anyone affected by the planned activity may request an
AO.
FECA requires votes from a majority of at least four commissioners to approve an AO. An AO is not
issued if the commission deadlocks (a vote of fewer than four commissioners reaching agreement one
way or another). The public may comment on AOs, and the commission may receive testimony during
public meetings. Members of Congress, in their official or candidate capacities, frequently make AO
requests, provide comments, or both. AOs can have long-term ramifications because FECA permits other
entities operating under indistinguishable circumstances as the requester to rely on AO guidance.
Campaign Finance Policy Background
Candidates, parties, and political action committees (PACs) generally have wide leeway to make their
own strategic decisions, including about fundraising tactics, provided that they are consistent with
relevant law and regulation. Campaign finance law generally does not regulate campaign conduct, but
Congressional Research Service
https://crsreports.congress.gov
IN11986
CRS INSIGHT
Prepared for Members and
Committees of Congress

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