• NSA Cites 1959 Law, Claims Use of Their Seal and Name is Illegal

    September 21, 2013 // 25 Comments »

    The path downwards in our post-Constitutional America starts with the large failures, and will end in petty indignities. Such is the nature of a fascist state. It must crush any dissent, however pointless, and it must control everything.


    Having swept aside the Bill of Rights with ease, the NSA under the control of the White House, now descends to pettiness.


    Two days after the first revelations of NSA mendacity, an entrepreneur named Dan McCall put up a handful of T-shirts and bumper stickers for sale on the custom goods marketplace Zazzle. Each of those items had a faux NSA logo, emblazoned with the slogan “Peeping While You’re Sleeping,” plus the joke line “The only part of the government that actually listens.”

    Within an hour or two Dan received an email from Zazzle stating:

    Design contains an image or text that may infringe on intellectual property rights. We have been contacted by the intellectual property right holder and we will be removing your product from Zazzle’s Marketplace due to infringement claims. Specifically, your product contained content which infringes upon the intellectual property rights of National Security Agency. We have been contacted by legal representatives from the National Security Agency, and at their request, have removed the product from the Zazzle Marketplace.

    The NSA had stepped in, quickly enough to surmise they had been monitoring the transaction, citing Public Law 86-36, from 1959. Specifically, the NSA referenced Section 15 (a) which states in its entirety (emphasis added):

    No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words ‘National Security Agency’, the initials ‘NSA’, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency.

    Leaving aside the reality that many others online (as well as every street vendor in Washington, DC) sells NSA gear, including Zazzle competitor Cafe Press, there is no evidence that Dan’s use of the NSA logo in any way conveys the impression that the use is approved or authorized by the NSA. Quite the opposite; his open mocking of the NSA and amended seal convey that he thinks the NSA is a bunch of bullying wankers.

    Not that any of this is new; my own former employer, the Department of State, went after me for using its seal in a piece of journalism protected by the First Amendment. In 2005 the George W. Bush White House demanded that The Onion stop using George’s seal.

    The NSA stated that “At any time that NSA is made aware that the NSA Seal is being used without our permission, we will take appropriate actions.” Well, NSA, better turn those satellite dishes and unleash the lawyers against this site, where Dan McCall is now selling his NSA faux logo gear.

    And, in fact, you better go after this blog, as well as the New York Times, Buzzfeed and a zillion other places, because we all have and continue to violate Public Law 86-36 by “knowingly us(ing) the words ‘National Security Agency’, the initials ‘NSA’, the seal of the National Security Agency.”

    So here is what in our present State passes for an act of civil disobedience:




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