Wednesday, February 19, 2014

Intimidation Fail

The NSA and the Department of Homeland Security (DHS) are abandoning their protests against a line of mugs, hats and shirts that mock official government insignia, settling a lawsuit filed by the consumer interest group Public Citizen on behalf of Dan McCall, a Minnesota activist who sold products poking fun at the government.

[...]

In 2011, the NSA and the DHS sent cease and desist letters to Zazzle, which printed McCall’s designs, claiming that the images violated special legal protections for the agencies' official seals.

[...]

Last October, Public Citizen sued both agencies on McCall’s behalf. They claimed that his hats and bumper stickers were not likely to be confused as official government merchandise and that the First Amendment protected the right to use the seals to criticize the NSA and DHS.

As result of Tuesday's settlement, Public Citizen is dropping its suit. Within a week, the NSA and DHS will send letters to Zazzle and McCall saying that they understand the designs were meant as parody and were not banned under federal law. The NSA also encouraged Zazzle to “reexamine” its content in light of the settlement.

The NSA and DHS agreed to pay $500 for McCall’s legal fees.

  The Hill
”Reexamine its content in light of the settlement”? WTF? Zazzle via McCall won. Perhaps the NSA should reexamine its intimidation tactics in light of the settlement.

...but hey, do what you want...you will anyway.

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