[HN Gopher] FEC Asks Congress to Ban Prechecked Recurring Donati...
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       FEC Asks Congress to Ban Prechecked Recurring Donation Boxes
        
       Author : geox
       Score  : 165 points
       Date   : 2021-08-08 13:40 UTC (9 hours ago)
        
 (HTM) web link (www.nytimes.com)
 (TXT) w3m dump (www.nytimes.com)
        
       | tenfourwookie wrote:
       | Perhaps banning recurring donations is the better idea*?.
       | 
       | I can sit here for five minutes and think up several ways to
       | achieve the exact same thing some arbitrary UI element
       | (prechecked checkbox) achieves. Don't even need a checkbox. Just
       | change the terms.
       | 
       | *Ooops. Forgot Citizens United. Poop!*
        
         | rtkwe wrote:
         | Can we not pretend that laws have to use the most surface level
         | definition of things? It's a silly straw man attack and isn't
         | how laws are (usually) written.
        
         | ashtonkem wrote:
         | I don't think banning recurring donations would breach citizens
         | United, but I'm not a lawyer.
         | 
         | To my understanding, Citizens United controls what you can do
         | with your money. It does not cover what arrangements campaigns
         | can have to _charge_ you money. You can set a reminder to
         | donate monthly if you want, but that doesn't mean that PACs can
         | necessarily charge you monthly, in my opinion.
         | 
         | Similarly, the courts have held that the FEC can't control what
         | candidates say, which is good. But the FEC can force political
         | adverts to make it clear who paid for it, which is also good.
        
         | dragonwriter wrote:
         | CU has nothing to so with donation rules for campaign
         | committees; like _Buckley v. Valeo_ before it, it deals with
         | _independent_ expenditures by entities which are not and do not
         | coordinate with campaign committees.
        
           | tenfourwookie wrote:
           | Too wonk. Please simplify.
        
             | dragonwriter wrote:
             | > Too wonk. Please simplify.
             | 
             | Buckley v. Valeo: "you can spend your own money without
             | limit on political ads, if you aren't coordinating with a
             | campaign".
             | 
             | Citizens United: "...and that includes if 'you' are a
             | corporation, not an individual."
             | 
             | Neither restricts the ability of the federal government to
             | restrict spending by or coordinated with campaigns, or
             | donations to campaigns.
        
       | mrfusion wrote:
       | I can't figure out if this benefits my political team so I'm not
       | sure if it support it. But once I find out I'll rapidly defend or
       | oppose it. /s
        
         | [deleted]
        
         | mattnewton wrote:
         | I know you are being sarcastic; but I think this probably
         | affects all political teams who otherwise would be giving up a
         | significant advantage by not at least hiring some firm at arms
         | length to try to fleece their supporters this way. I think it's
         | even better for everyone to ban it so that everyone doesn't get
         | trapped in this race to the bottom.
        
           | peter422 wrote:
           | DJT's campaign made heavy use of this tactic but AFAIK no
           | other major political candidate has done this. Unsurprisingly
           | DJT's donations had much higher chargeback rates.
           | 
           | Most politicians don't want to anger their biggest
           | supporters. DJT didn't seem to care.
        
         | Spivak wrote:
         | You joke but this is a real problem that prevents us from
         | clearing out our political tech debt so to speak. If you expect
         | worse outcomes from the loss of political territory than the
         | harm from whatever you want to change then it doesn't happen.
         | And you have to constantly deal with both sides trying to
         | change things that they know in advance disproportionately
         | affect their opponents.
         | 
         | Until our political system "stabilizes" where high-profile
         | elections aren't won by teeny tiny margins or determined by
         | turnout and voting access more than the real preferences of the
         | population this is going to be an issue.
        
       | zibzab wrote:
       | EU guy here, curious how this is received in US.
       | 
       | Can someone who donated to Trumps after-election campaign tell me
       | what he/she feels about this? Partisan shenanigans or a generally
       | good idea?
        
         | meepmorp wrote:
         | This is just a politics-oriented variant of a "growth hack."
         | It's not about the ideology, it's about roping people into
         | giving them money they didn't really intended to spend, with
         | what is basically adding a subscription service they hope you
         | don't notice.
         | 
         | Yes, ban it to death.
        
         | SpicyLemonZest wrote:
         | I think you're misunderstanding how bad the general state of
         | political fundraising in the US is. Just over the past week,
         | I've gotten:
         | 
         | * An email titled "watch our video [not asking for money]"
         | which links to a request for money
         | 
         | * _two_ people - one from each side of the aisle - trying to
         | gaslight me into donating "again" since I've purportedly
         | already joined their campaign
         | 
         | * a fake survey where every prompt is some variation on "Did
         | you know how vile those guys are?" and the only response
         | options are "Yes, they suck" or "No, but I know now".
         | 
         | * an email written to sound like a personal letter, assuring me
         | that some state legislators will be unjustly imprisoned if I
         | don't sign a petition, but reveals upon clicking into the
         | petition that they also need to collect $2,084 by midnight. (I
         | only personally need to send $16 - it's "today's most popular
         | amount!")
         | 
         | And I've only ever made a single political donation from my
         | current email! I don't think it's partisan at all to say the
         | status quo isn't okay here.
        
           | wiseleo wrote:
           | Let's not forget "official poll" emails that aren't. I have
           | no way of knowing if I am being polled or solicited. Hence,
           | my voice is now excluded from political polls.
        
         | syshum wrote:
         | I dont donate to PAC's or campaigns..
         | 
         | However I have a problem with pretty much all FEC regulations
         | because I am a free speech absolutist, and I view these
         | "campaign finance laws" at minimum to be a spiritual
         | infringement on the principle of free expression even if they
         | pass legal challenges.
         | 
         | They also rares accomplish their stated goals and often end up
         | being an advantage to the incumbents in power who have access
         | to more "free media" as part of their official duties...
        
         | bluejekyll wrote:
         | Both parties do it. IMO this should absolutely be banned. Also
         | the donation checkboxes are not always clear as to if they are
         | enabled or disabled.
         | 
         | This is definitely a non-partisan issue of politicians straight
         | up trying to trick people into donating more than they intend.
        
           | [deleted]
        
           | sokoloff wrote:
           | I think the 1-click donations should also be banned. I recall
           | getting a solicitation from one of the two major parties with
           | a "click here to support Foo" button in the email.
           | 
           | Fine print at the bottom revealed that if you had a payment
           | method on file that click would, without further action,
           | donate some set amount to candidate Foo. (I don't recall the
           | details of the amount.)
           | 
           | I'm fine with fundraising, but "click here to support" I
           | expect to land me on a web page where I could read more and
           | make a fully informed decision to donate, not to take money
           | out of my account from the email click.
        
             | meepmorp wrote:
             | That's incredibly shady. I bet I've made an informed choice
             | to donate to a candidate or two because I've fat fingered a
             | link while reading email on my phone.
        
       | alyandon wrote:
       | If you want a real eye opening experience (or just have a morbid
       | curiosity) - sign up for Democratic/Republican donation lists via
       | a throw away email address and read the material you get sent by
       | PACs begging for donations. It's disgustingly manipulative what
       | these organizations do.
        
         | JamilD wrote:
         | Relevant article; it focuses on one candidate but the
         | techniques are often universal (albeit at different
         | magnitudes):
         | https://www.nytimes.com/2021/04/03/us/politics/trump-donatio...
        
         | rtpg wrote:
         | What pisses me off the most is that basically none of the dem
         | lists do anything but ask for money. No calls to action/call
         | your senator/etc. Just people trying to get paid.
         | 
         | (Contrast to Sanders, who, especially as the pandemic started,
         | often guided people to give money to other causes. But even for
         | his list I feel like there was an opportunity for coordinated
         | action on many things that was lost)
         | 
         | What's the point of coordinated channels of supporters if it's
         | just to get money? I'm not that interested in subsidizing
         | consulting firms and adtech thank you
        
           | SpicyLemonZest wrote:
           | I would guess it's the other way around, and lists that are
           | just trying to rake in cash are much more likely to get your
           | email because they're more willing to use shady acquisition
           | tactics.
        
           | healsdata wrote:
           | I just searched my gmail for "democrat" and the 2 of the 5
           | most recent emails had calls to action in them and 4 were
           | asking for donations. This includes the most recent email I
           | have from Joe Biden which had both.
           | 
           | All of my elected officials have an official mailing list for
           | constituents which separates out their calls to action on
           | government matters from their fundraising, campaigning, etc.
           | This includes Brian Fitzpatrick, who is a Republican. I
           | prefer it that way so I can unsubscribe from donation
           | requests and still get the other.
           | 
           | Seems like you signed up for fundraising mailing lists and
           | then were surprised they were focused on fundraising. Try
           | signing up for the other lists.
        
         | kfprt wrote:
         | Better yet, if you absolutely want to force someone to abandon
         | their email you can sign them up with donations. Political
         | campaigners are the best harassment money can buy.
        
         | meepmorp wrote:
         | Yep. It's great that whoever in New Anystate's 13th
         | congressional district is taking on Big Whatever, but I have no
         | connection to the person, place, or issue. You may not have
         | money and please go away.
        
         | kaffee wrote:
         | It's not well known that the (US) CAN-SPAM act does not apply
         | to political and religious organizations. They can spam as much
         | as they want.
         | 
         | First amendment law is full of surprises.
        
           | kfprt wrote:
           | It's practically the only issue they care about.
           | 
           | "Republican congressman Greg Steube asks Google CEO why his
           | campaign emails are going to spam"
           | 
           | https://www.theguardian.com/global/video/2020/jul/29/republi.
           | ..
        
             | User23 wrote:
             | > Pichai said "there is nothing in the algorithm that has
             | to do with political ideology"
             | 
             | That's an interesting non-denial: he never actually says
             | the spam algorithm isn't biased against conservatives.
             | There could well be a bias, because many ML systems have
             | unintended biases. Google could easily answer the question.
             | It'd probably take an hour max to write and run the
             | mapreduce or whatever they use now.
        
               | Retric wrote:
               | The algorithm wouldn't have a bias vs conservatives
               | because it doesn't include semantic meaning, but it could
               | have a bias vs methods used by this conservative. Which
               | really just comes down on whoever is generating those
               | emails.
        
               | klyrs wrote:
               | I don't know if it does or doesn't, but Republicans and
               | Democrats use different keywords, not just semantics. For
               | example, 'law and order', 'police reform', etc. It's
               | certainly possible for ML to pick up a bias in the
               | presence of such differences.
        
               | Retric wrote:
               | They also quote each other, without context it's just
               | word choice not the message. Considering messages are
               | already tailored to different kinds of voters, spam
               | algorithms are just another part of messaging.
        
               | kfprt wrote:
               | Politicians of both parties often use the same middlemen.
               | The 'campaigning industry' isn't so much red or blue but
               | green.
        
               | therealcamino wrote:
               | What organizations are you thinking of? I'm not an expert
               | in the area, and ones I know of are ActBlue that works
               | only with Democrats, and WinRed which is the Republican
               | clone.
        
               | Retric wrote:
               | Often true, but this was a specific case and there are a
               | lot of red or blue focused middlemen.
        
               | syshum wrote:
               | What I find ironic about google's position is they
               | believe implicit unconscious bias permeates all of
               | society, except when it comes to their programmers who
               | are clearly majority democrat....
               | 
               | It should not be ironic, because Google has a history of
               | seeing itself above any flaws, and as the Arbiter of
               | Truth
        
               | nicoburns wrote:
               | I'd be very surprised if democratic party emails don't
               | also frequently get marked as spam. I somehow ended up on
               | their list despite not even living in the US, and it was
               | a complete nightmare to get off of it because the
               | unsubscribe link only worked for a specific campaign.
               | I've marked hundreds of their emails as spam by now, and
               | it's entirely their own fault.
        
               | QuadmasterXLII wrote:
               | It's probably just detecting and deleting capslock
        
           | pwg wrote:
           | > It's not well known that the (US) CAN-SPAM act does not
           | apply to political and religious organizations.
           | 
           | This is because the politicians in office at the time of
           | writing the "CAN-SPAM" act explicitly wrote in their own
           | exemption for themselves for campaigning purposes. As to why
           | religious orgs. also got included, I don't remember -- one
           | wonders if it was simply to obscure the blatant "we are
           | making ourselves above this law" look for exempting
           | themselves from the law.
           | 
           | They (the politicians that time) did the same thing with the
           | "Do Not Call" phone number list, politicians wrote in their
           | own exemption for themselves for campaigning purposes, and
           | then added an exemption for charity orgs. to the law as well.
        
       | atlgator wrote:
       | Emphasis on "Prechecked" here. This isn't a ban on recurring
       | donations. They just can't be turned on by default.
        
       | h2odragon wrote:
       | Professional political fundraising is a thing. It's an industry.
       | They sell their services to issue oriented NGO's, too.
       | 
       | As far as I know (2 decades ago i had some contact with that
       | world) they're _all that slimy_.  "dark patterns" like this are
       | the least of it, they fake addresses, steal data from customers,
       | fiddle accounting, etc etc. "It's not a crime until you've been
       | caught."
        
         | Spivak wrote:
         | The positions are called DevOps if you want to poke around at
         | some job descriptions of the people who do this for a living.
         | Outside of the egregious examples that get spread around (and
         | if you're not politically active might be the only ones you
         | know so keep that in mind) it's a pretty boring job. Clicking
         | around Salesforce, lots of mailmerges, event planning,
         | reporting, and the financial logistics of people with
         | conditions on their money or people who donate through
         | foundations or donor advised funds.
        
       | MiddleEndian wrote:
       | Credit/digital payments as a whole are backwards. Currently, you
       | give your payment information to some organization, and they can
       | bill you whatever they want and you hope they don't take your
       | money indefinitely. If someone takes your money and you try to
       | get it back, your own credit is on the line when you try to
       | resolve it. Even with chargebacks, your credit card company may
       | only accept so many.
       | 
       | Instead it should be client-controlled, they give you some sort
       | of payment token that you can pay or not pay. For recurring
       | payments, you could trust a particular vendor you like (and then
       | untrust them at will), but it should entirely be under your
       | control. Unsubscription should be automatically handled by this
       | as well.
        
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       (page generated 2021-08-08 23:01 UTC)