In the Courts and Before the House

Criminal charges have been made against a US research firm for alleged survey falsification - probably the first such case, according to CASRO's latest legal information. The association also reports on its efforts to ensure that a current Bill distinguishes between legitimate political polling and its true target, 'political telemarketing'.

A federal grand jury indicted CT-based researcher DataUSA (now known as ViewPoint USA), on conspiracy and wire fraud charges for allegedly falsifying survey respondents and responses. The firm denies the charges and says that it upholds the highest standards in data collection.

Meanwhile a bill brought before the House by US Rep. Thomas Petri (H.R. 491) aims to expose the practice of political telemarketing, whereby a candidate is smeared 'under the guise of a standard opinion poll'. Under its terms, callers would be required to disclose the 'paying sponsor' of a supposed election poll carried out by telephone or electronically and contacting 1,200 or more people. The Bill goes on to stipulate that if the 'survey' results are not to be released to the public, then the cost and funding sources must be reported to the Federal Election Commission.

Rep. Petri says the bill 'will not hinder legitimate polling' or burden polling firms with excessive regulations, but CASRO says the current terms used will unintentionally drag in legitimate political research. CASRO's GPA Director Jim Robinson, working with AAPOR and CMOR, has subsequently met with Rep. Petri's legislative staff to discuss the wording. Robinson says Petri's Chief of Staff is 'receptive to amending the language' and the GPA is working on developing either a definition of 'political research' or of 'political telemarketing'.

Existing state laws vary in their definitions, but some exclude legitimate political research by definition, using descriptors such as the presence of a 'scientific sample' or the 'purpose of measuring the public's opinion about or reaction to an issue, fact, or theme'.

CASRO will report back further on the outcome. Its web site is at www.casro.org

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.