The Original Tree
Diamond Member
Uh Oh. Someone did a little digging on Facebook, The DNC, Zuckerburg and Obama. How Fun!
Did Facebookâs âfavorsâ for the Obama campaign constitute a violation of federal law?
But a more serious case of apparent misconduct involves Facebook data going to a different presidential campaign â this time in 2012. In this case, which is getting far less attention, Facebook reportedly voluntarily provided data on millions of its users to the re-election campaign of President Obama.
If true, such action by Facebook may constitute a major violation of federal campaign finance law as an illegal corporate campaign contribution. The matter should be investigated by the Federal Election Commission â an agency I am quite familiar with, because I served as one of its commissioners from 2006 to 2007. The commission enforces campaign finance laws for congressional and presidential elections.
A federal law bans corporations from making âdirect or indirectâ contributions to federal candidates. That ban extends beyond cash contributions to âany services, or anything of value.â In other words, corporations cannot provide federal candidates with free services of any kind. Under the Federal Election Commissionâs regulations, âanything of valueâ includes any âin-kind contribution.â
According to Carol Davidsen, the former media director for Obama for America, Facebook gave the 2012 Obama campaign direct access to the personal data of Facebook users in violation of its internal rules, making a special exception for the campaign. The Daily Mail, a British newspaper, reported that Davidsen said on Twitter March 18 that Facebook employees came to the campaign office and âwere very candid that they allowed us to do things they wouldnât have allowed someone else to do because they were on our side.â
The type of data that the Obama campaign was mining from Facebook is a more sophisticated version of the type of data that has long been provided by professional direct mail marketers â something pioneered by Richard Viguerie. Viguerie, for example, has detailed personal data on â12 million conservative donors and activistsâ to whom his company sends letters and emails on behalf of his clients. He provides information to campaigns looking for votes and money, and to nonprofit and advocacy organizations raising funds.
Political campaigns must pay for these services. Under a Federal Election Commission regulation, giving a mailing list or something similar to a campaign is considered an âin-kind contribution.â
So if Facebook gave the Obama campaign free access to this type of data when it normally does not do so for other entities â or usually charges for such access â then Facebook would appear to have violated the federal ban on in-kind contributions by a corporation. And the Obama campaign may have violated the law by accepting such a corporate contribution.
However, whether or not the Obama campaign and Facebook violated this ban is an open question. It should be investigated by the Federal Election Commission and potentially the U.S. Department of Justice. The commission handles most routine violations of the law, which are civil matters. The Justice Department is responsible for investigating knowing and intentional violations of the law, which are criminal matters.
Did Facebookâs âfavorsâ for the Obama campaign constitute a violation of federal law?
But a more serious case of apparent misconduct involves Facebook data going to a different presidential campaign â this time in 2012. In this case, which is getting far less attention, Facebook reportedly voluntarily provided data on millions of its users to the re-election campaign of President Obama.
If true, such action by Facebook may constitute a major violation of federal campaign finance law as an illegal corporate campaign contribution. The matter should be investigated by the Federal Election Commission â an agency I am quite familiar with, because I served as one of its commissioners from 2006 to 2007. The commission enforces campaign finance laws for congressional and presidential elections.
A federal law bans corporations from making âdirect or indirectâ contributions to federal candidates. That ban extends beyond cash contributions to âany services, or anything of value.â In other words, corporations cannot provide federal candidates with free services of any kind. Under the Federal Election Commissionâs regulations, âanything of valueâ includes any âin-kind contribution.â
According to Carol Davidsen, the former media director for Obama for America, Facebook gave the 2012 Obama campaign direct access to the personal data of Facebook users in violation of its internal rules, making a special exception for the campaign. The Daily Mail, a British newspaper, reported that Davidsen said on Twitter March 18 that Facebook employees came to the campaign office and âwere very candid that they allowed us to do things they wouldnât have allowed someone else to do because they were on our side.â
The type of data that the Obama campaign was mining from Facebook is a more sophisticated version of the type of data that has long been provided by professional direct mail marketers â something pioneered by Richard Viguerie. Viguerie, for example, has detailed personal data on â12 million conservative donors and activistsâ to whom his company sends letters and emails on behalf of his clients. He provides information to campaigns looking for votes and money, and to nonprofit and advocacy organizations raising funds.
Political campaigns must pay for these services. Under a Federal Election Commission regulation, giving a mailing list or something similar to a campaign is considered an âin-kind contribution.â
So if Facebook gave the Obama campaign free access to this type of data when it normally does not do so for other entities â or usually charges for such access â then Facebook would appear to have violated the federal ban on in-kind contributions by a corporation. And the Obama campaign may have violated the law by accepting such a corporate contribution.
However, whether or not the Obama campaign and Facebook violated this ban is an open question. It should be investigated by the Federal Election Commission and potentially the U.S. Department of Justice. The commission handles most routine violations of the law, which are civil matters. The Justice Department is responsible for investigating knowing and intentional violations of the law, which are criminal matters.