Since 2011, the Federal Election Commission (FEC) has declined to extend a wide array of traditional campaign finance and disclosure rules to social media advertising

In a letter to the FEC Commissioners, Klobuchar calls on the agency to adopt a regulatory framework that shields our elections from foreign money and extends the transparency requirements for broadcast media to digital advertising


WASHINGTON, DC – Following revelations that foreign agents or entities purchased Facebook ads to influence the 2016 U.S. presidential election, U.S. Senator Amy Klobuchar (D-MN) urged the Federal Election Commission (FEC) to shield U.S. elections from foreign interference. Since 2011, the FEC has declined to extend a wide array of traditional campaign finance and disclosure rules to social media advertising. In June, Klobuchar and a group of 16 other U.S. Senators asked the FEC to reconsider their decision not to “launch [a] rulemaking to ensure that U.S. political spending is free from foreign influence.” In a letter to the FEC Commissioners, Klobuchar calls on the agency to adopt a regulatory framework that shields our elections from foreign money and harmonizes the rules governing traditional campaign activities with increasingly common digital activities.

“I am writing to express serious concerns about the alarming revelations that foreign agents or entities were purchasing Facebook ads to influence the 2016 election, as part of a broader social media disinformation campaign. The Federal Election Commission (FEC) must take action to address these vulnerabilities and protect our democracy from foreign interference,” Klobuchar wrote. “Despite ample evidence that Americans increasingly rely on social media for their news, and extensive evidence that campaigns have dramatically shifted their expenditures to social media, the FEC has failed to update its campaign finance regulations in these areas.”

Klobuchar continued, “In light of the revelation by the New York Times article “Fake Russian Facebook Accounts Bought $100,000 in Political Ads,” the FEC must take action. To address this clear violation of existing law, I urge the FEC to adopt a regulatory framework that shields our elections from foreign money and harmonizes the rules governing traditional campaign activities with increasingly common digital activities.  This should include specific provisions that require a framework analogous to the political file regime the FCC maintains over broadcast, cable, and satellite providers within its jurisdiction. Americans deserve to know who is paying for social media ads seeking to sway their vote, just as they are entitled to know who is funding similar television ads. It is time that we put country above party and protect the democracy we all cherish.  Again, I ask the FEC to move forward on these important rulemakings.”

As Ranking Member of the Senate Rules Committee with oversight jurisdiction over federal elections, Klobuchar has introduced legislation to improve the security of U.S. election systems and make commonsense improvements to election administration. She and Senator Roy Blunt (R-MO) introduced the bipartisan Stop Foreign Donations Affecting Our Elections Act to strengthen disclosure by requiring federal campaigns to use existing credit card verification protocols to help verify that online credit card donations come from U.S. sources. Klobuchar has also introduced the Helping State and Local Governments Prevent Cyber Attacks Act to help combat foreign interference by providing state and local governments with the information and resources they need to keep our elections secure and improve voter confidence.

In June, Klobuchar led Senate Rules Committee Democrats in a call for hearings and briefings on foreign attempts to hack into U.S. election systems and improving cyber security. Klobuchar also led a group of 26 senators in calling for a full account of the Election Assistance Commission’s (EAC) efforts to address Russian cybersecurity threats. In early January, Klobuchar introduced legislation with four other senators to create an independent, nonpartisan commission to comprehensively investigate Russian interference in the 2016 election.

The full text of Senator Klobuchar’s letter is below.

Dear Commissioners:

I am writing to express serious concerns about the alarming revelations that foreign agents or entities were purchasing Facebook ads to influence the 2016 election, as part of a broader social media disinformation campaign. The Federal Election Commission (FEC) must take action to address these vulnerabilities and protect our democracy from foreign interference.  

On June 1, 2017, the FEC was sent a letter by 17 U.S. Senators asking the agency to reconsider their decision not to “launch [a] rulemaking to ensure that U.S. political spending is free from foreign influence.” Despite mounting evidence that foreign money was spent to influence the election, no action has been taken on this critical issue.  More troubling is that foreign actors purchased social medial advertisements, which the FEC has consistently refused to regulate. Since 2011, the FEC has declined to extend a wide array of traditional campaign finance and disclosure rules to social media advertising. Despite ample evidence that Americans increasingly rely on social media for their news , and extensive evidence that campaigns have dramatically shifted their expenditures to social media , the FEC has failed to update its campaign finance regulations in these areas.

As the 17 Senators noted in their June letter, “[t]he FEC was created to facilitate campaign finance disclosure and enforce the limits and prohibitions on political spending. Our election laws expressly prohibit foreign nationals ‘from contributing, donating or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly.’ Taking action to ensure that U.S. elections are free of foreign money is a critical part of the FEC’s responsibility.”

A pillar of our campaign finance laws has been disclosure, promoting the voting public’s right to know the source of campaign-related information they receive. While a robust and transparent regime exists for broadcast media which helps voters to track political advertisements, there is limited transparency for digital advertising which may allow certain actors to evade transparency or accountability.

In light of the revelation by the New York Times article “Fake Russian Facebook Accounts Bought $100,000 in Political Ads,” the FEC must take action. To address this clear violation of existing law, I urge the FEC to adopt a regulatory framework that shields our elections from foreign money and harmonizes the rules governing traditional campaign activities with increasingly common digital activities. Americans deserve to know who is paying for social media ads seeking to sway their vote, just as they are entitled to know who is funding similar television ads.

It is time that we put country above party and protect the democracy we all cherish.  Again, I ask the FEC to move forward on these important rulemakings.

Sincerely,

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