Loophole.com: How the FEC's Failure to Fully Regulate the Internet Undermines Campaign Finance Law

Since the Supreme Court’s landmark decision in Buckley v. Valeo, it has been well established in campaign finance law that any expenditure made in coordination with a political candidate is treated (and limited) as though it were a contribution to the candidate. Under the Federal Election Commission’s current internet rules, however, any communication disseminated over the internet—other than paid advertising on another’s website— is exempt from the coordination rule. This Note explores the history of the coordination standard and the FEC’s internet regulations. It describes the coordination loophole in detail and argues that the existing regulations are not consistent with governing campaign finance law. Finally, it proposes a minor change to the regulations that would fix the loophole.