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We Hate Spam, Congress Says. Except From Us. Even as Congress was unanimously approving a law aimed at reducing the flow of junk e-mail, members were sending out hundreds of thousands of unsolicited messages to constituents.
The spasm of activity is aimed at attracting voluntary subscribers to the lawmakers' e-mail lists, which would not be subject to House rules that normally impose a 90-day blackout before an election for taxpayer-supported Congressional mass communications.
In September, the House Administration Committee voted, 5 to 3, along party lines to allow e-mail messages to the subscribers to be sent in the blackout period, but maintained the ban on free postal mail from House members to voters. The policy change affected only House rules and was not part of the junk e-mail legislation.
At least 40 House members have bought or agreed to buy e-mail address lists from at least four vendors. The lists, which each have tens of thousands of addresses, are generally created by a process called e-mail appending, taking voter registration files from a member's district. The next step is to cross match them with large databases of names and e-mail addresses assembled by consumer data companies like Equifax, which has a database of more than 75 million e-mail addresses. E-mail addresses can usually be found for 10 percent to 20 percent of the voter file.
Many members of Congress praise the new policy for allowing cheaper and more effective communications with constituents. But consumer advocacy groups say the policy may unfairly give an advantage to incumbents over challengers because it allows elected officials to use government resources to communicate with voters right up to Election Day. In addition, the consumer advocates say, sending bulk e-mail messages to constituents who have not agreed to receive it is essentially electronic junk mail, or spam.

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