During the midterm elections, federal, state and local campaigns spent approximately $2.3 billion online, compared to just $35 million in the 2014 cycle
WASHINGTON — U.S. Senator Amy Klobuchar led a letter with 23 Democratic senators asking the Federal Election Commission (FEC) to finalize a rule for online political ad disclaimers. During the midterm elections, federal, state and local campaigns spent approximately $2.3 billion online, compared to just $35 million in the 2014 cycle; when ads purchased by outside groups are included, the figure jumps to nearly $9 billion. For the 2020 cycle, online spending numbers are expected to skyrocket again. As the Intelligence Community continues to warn that elections remain a target for foreign adversaries, it is critical that the FEC complete the rulemaking process for online political ad disclaimers that they began nearly two years ago.
“Americans know the dangerous effects associated with a failure to identify the purchasers of online political ads. In 2016, ads purchased by Russian operatives were used to attack our democracy. A foreign adversary took advantage of weak online disclaimer and disclosure rules, which prevented voters from seeing the ads for what they were: deliberate attempts by a hostile foreign power to misguide and divide the American public,” the senators wrote.
“Clear and conspicuous disclaimers on all political advertisements within the Commission’s jurisdiction are necessary to ensure the level of transparency and accountability that a healthy democracy demands. Americans have the right to know who is paying for advertisements placed to influence their vote, regardless of whether those advertisements run on the radio, television, or online.”
Klobuchar is joined on the letter by Senators Dick Durbin (D-IL), Dianne Feinstein (D-CA), Tom Udall (D-NM), Mark Warner (D-VA), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Ed Markey (D-MA), Jeff Merkley (D-OR), Jack Reed (D-RI), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Jon Tester (D-MT), Chris Van Hollen (D-MD), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
A signed copy of the letter is attached and the full text can be found below:
Dear Chair Weintraub:
We write to express concern regarding the Commission’s delay in issuing a final rule regarding disclaimer requirements for online political advertisements, and to request clarification regarding the application of current laws and regulations on digital political advertisements.
Disclaimers on political advertisements “ensure that the voters are fully informed” about the person or group behind political ads and they allow the voters “to evaluate the arguments to which they are being subjected.” Disclaimer requirements, in making clear the sources of funding behind a particular ad, work to guard and promote the people’s right to freely govern themselves without unknown or undue interference.
Americans know the dangerous effects associated with a failure to identify the purchasers of online political ads. In 2016, ads purchased by Russian operatives were used to attack our democracy. A foreign adversary took advantage of weak online disclaimer and disclosure rules, which prevented voters from seeing the ads for what they were: deliberate attempts by a hostile foreign power to misguide and divide the American public. On January 29, America’s top intelligence officials testified to the Senate Intelligence Committee that foreign adversaries are continuing to target our elections by sowing division online and that the 2020 presidential election is a target. We must take stronger action to fortify our democracy from these attacks and the FEC is central to that effort.
The FEC’s mission is to “protect the integrity of the federal campaign finance process by providing transparency and fairly enforcing and administering federal campaign finance laws.” If the FEC fails to issue regulations to keep up with technological advancements in how campaigns spend money, it is failing in its mission. During the midterm elections, federal, state and local campaigns spent approximately $2.3 billion online, compared to just $35 million in the 2014 cycle. When ads purchased by outside groups are included, the figure jumps to nearly $9 billion and projections for online spending for the 2020 elections are orders of magnitude more.
In addition to the proliferation of online ads, the nature of the user experience has also changed. Users no longer have to actively seek information online, platforms and digital applications target consumers and exposure to ads does not require action on behalf of the consumer.
The ability of advertisers to target segments of the American electorate without accountability or transparency is cause for alarm. In 2016, Russia made extraordinary efforts to target African Americans with misinformation related to voting and elections. A recent report prepared for the Senate Intelligence Committee notes that “the most prolific I.R.A. [Internet Research Agency] efforts on Facebook and Instagram specifically targeted black American communities and appear to have been focused on developing black audiences and recruiting black Americans as assets.” Online political advertising is like the Wild West and voters are being disenfranchised because of it. That is unacceptable.
Clear and conspicuous disclaimers on all political advertisements within the Commission’s jurisdiction are necessary to ensure the level of transparency and accountability that a healthy democracy demands. Americans have the right to know who is paying for advertisements placed to influence their vote, regardless of whether those advertisements run on the radio, television, or online.
Given the dramatic increase in online spending and the fact that intelligence officials continue to warn that online platforms will be used to undermine elections, it is unacceptable that the FEC has failed to issue a final rule. We understand that you share our frustration and that you only recently took over as Chair of the Commission. As you begin your term as Chair, we ask you to provide answers to the following questions:
- When does the Commission expect to issue a final rule on disclaimer requirements?
- What is the primary cause for delay in issuing a final rule?
- Under existing laws and regulations, as applied by the Commission, what disclaimers are required for political advertisements published online?
We appreciate your timely response to these questions and look forward to working with you to improve transparency for online political advertising.
Thank you for your prompt attention to this serious matter.
Sincerely,
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