Gmail is now legally permitted to spam-proof the emails of politicians

The Federal Election Commission accepted a new plan from Google on Thursday to prevent campaign emails from being designated as spam.

Candidates, political party committees, and leadership political action committees would be able to register for the program, which would exclude their communications from Gmail’s spam detection algorithms. While Google did not need FEC approval before launching the initiative, it did seek a vote earlier this summer to guarantee the operation would not violate existing election rules. The FEC said Google’s scheme was permissible in its verdict on Thursday.

“I have a hard time getting around the reality that this is a unique advantage granted to political committees, and only political committees,” FEC commissioner Ellen L. Weintraub said during the agency’s open meeting on Thursday. Because of the program’s exclusivity, Weintraub compared it to Google making an “in-kind” gift to political organizations.

Google disclosed its political filtering measures immediately after recent research indicated that the corporation was labeling Republican fundraising emails as spam disproportionately when compared to those of Democratic politicians and candidates. The research infuriated Republicans, prompting a barrage of negative remarks and an invitation to Kent Walker, Google’s senior legal officer, to explain the company’s filtering judgments in a private meeting on Capitol Hill.

Despite proposing the idea as a compromise, Google disputed the study’s conclusions, arguing that researchers analyzed a tiny sample size of emails and failed to assess whether campaigns employed the necessary bulk emailing capabilities currently available inside the service.

However, Google’s explanations failed to persuade Republicans who are failing to fulfill their online fundraising targets this election year. According to the New York Times, overall donations to Republican groups and federal campaigns declined by more than 12% in the second quarter compared to the first. The reduction is unexpected, particularly given that small-dollar contributions often climb as elections approach.

This drop in funding, along with the contentious filtering research, whipped Republicans up into a frenzy during the summer. Sen. John Thune (R-SD) and nearly two dozen other Republicans introduced legislation that would prohibit email providers like Google from categorizing federal campaign correspondence algorithmically. The National Republican Senatorial Committee said in a draught letter acquired by The Washington Post earlier this month that “Google and its algorithms have given a clear edge to Democrat fundraising efforts, resulting in Republicans raising millions of dollars less than they should.”

When Google requested that the FEC rule on the program’s legality, the commission put it up for public discussion. Almost every one of the hundreds of comments submitted to the commission was unfavorable. The Democratic National Committee (DNC) stated that Google’s move will benefit Republicans while opening up Gmail to “abusive fundraising practices.”

Former President Donald Trump’s campaigns have been chastised for using spammy methods in their fundraising emails, either employing deceptive subject lines or simulating online discussions between voters and friends and family. Dr. Mehmet Oz, the Republican candidate for US Senate in Pennsylvania, came under criticism on Tuesday for sending a campaign fundraising email to supporters with the subject line “FBI RAID – BREAKING INFORMATION” only hours after the FBI raided Trump’s Mar-a-Lago property earlier in the week.

With the FEC’s judgment on Thursday, Google will soon be able to accept campaigns like Oz’s and guarantee that their emails, although utilizing spam-like tactics and language, are not screened out of a user’s inbox.