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Defining Political Spam

By Jonathan Bick
March 15, 2005

We've all experienced first-hand how radically the Internet has altered the nature of communication, particularly in the United States, where computers are commonplace in offices and homes, and where mobile connections ' from cyber cafes to cell phones ' allow virtually anyone instant and inexpensive e-mail access from just about anywhere, anytime.

e-Mail's effects have also made an impact on the sacred American marketplace of ideas, on which the Founding Fathers put their imprimatur and protective planning more than two centuries ago.

Indeed, the effects of e-mail on American political campaigns are dramatic, as demonstrated last November, when e-communication played a decisive factor in several election victories. The Internet as cyber forum offers candidates the opportunity to contact a million voters for about $100 using unsolicited bulk e-mails, often called spam. Under the First Amendment, political spam is generally lawful, but political spam used for fundraising and other specific types of communication may cause legal difficulties for candidates and their agencies ' from canvassers to other entities sending the spam, however well-intentioned.

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